Constitutional Commentary was founded in 1984 and is one of the few faculty-edited law journals in the country. It enjoys a wide following among legal scholars, historians, political scientists and others interested in constitutional law and history. Part of its popularity is due to the editors’ preference for “shorter and less ponderous articles” as opposed to the more lengthy and heavily footnoted articles found in traditional law reviews.

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Submissions from 2005

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From Cruzan to Schiavo: Similar Bedfellows in Fact and at Law, Edward J. Larson

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Fig Leaf Federalism and Tenth Amendment Exceptionalism, Nelson Lund

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A Criminal Procedure Regime Based on Instrumental Values. Book Review Of: About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure. by Donald A. Dripps, Tracey Maclin

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Originalism, Stare Decisis and the Promotion of Judicial Restraint, Thomas W. Merrill

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Killing Terri Schiavo, Michael Stokes Paulsen

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The Intrinsically Corrupting Influence of Precedent, Michael Stokes Paulsen

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Undue Process: Congressional Referral and Judicial Resistance in the Schiavo Controversy, Adam M. Samaha

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Constitutional Contortion? Making Unfettered War Powers Compatible with Limited Government. Book Review Of: The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11. by John Yoo, Gordon Silverstein

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The (Surprising) Truth About Schiavo: A Defeat for the Cause of Autonomy, O. Carter Snead

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The (Surprising) Truth About Schiavo: A Defeat for the Cause of Autonomy, O. Carter Snead

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Revenge of the Triple Negative: A Note on the Brandeis Brief in Muller V. Oregon, Clyde Spillenger

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Originalism, Precedent, and Candor, David A. Strauss

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Elizabeth Cady Stanton on the Federal Marriage Amendment: A Letter to the President, Tracy A. Thomas

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The Constitutionality of States Extending Personhood to the Unborn, Alec Walen

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Let's Call the Whole Thing Off? Book Review Of: The American Constitution and the Debate Over Originalism. by Dennis J. Goldford, Keith E. Whittington

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Whose America? Book Review Of: Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands. by Lindsay G. Robertson; How the Indians Lost Their Land: Law and Power on the Frontier. by Stuart Banner, Judith T. Younger

Submissions from 2004

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Grutter or Otherwise: Racial Preferences and Higher Education, Larry Alexander and Maimon Schwarzschild

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Racial Integration as a Compelling Interest, Elizabeth S. Anderson

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After Grutter V. Bollinger - Revisiting the Desegregation Era from the Perspective of the Post-Desegregation Era, Kevin D. Brown

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Affirmative Refraction: Grutter V. Bollinger Through the Lens of the Case of the Speluncean Explorers, Paul L. Caron and Rafael Gely

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Jim Crow's Long Goodbye, Gabriel J. Chin

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Progressive Political Theory and Separation of Powers on the Burger and Rehnquist Courts, Eric R. Claeys

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Democracy as Civic Conversation: Book Review Of: Talking It Through: Puzzles of American Democracy. by Robert W. Bennett, Louis R. Cohen

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Book Review: Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism. by Geoffrey R. Stone, Michael Kent Curtis

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Reynolds V. United States: The Historical Construction of Constitutional Reality, Donald L. Drakeman

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The Conceptual Jurisprudence of the German Constitution. Book Review Of: A Theory of Constitutional Rights. by Robert Alexy Trans., Julian Rivers, William Ewald

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In Defense of Deference, Luis Fuentes-Rohwer and Guy-Uriel E. Charles

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The Constitutionality of the Filibuster, Michael J. Gerhardt

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Resolving Political Questions into Judicial Questions: Tocqueville's Thesis Revisited, Mark A. Graber

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Being Proportional About Proportionality. Book Review Of: The Ultimate Rule of Law. by David M. Beatty, Vicki C. Jackson

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Interpreting the Sixteenth Amendment (By Way of the Direct-Tax Clauses), Erik M. Jensen

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Fixing the Constitutional Absurdity of the Apportionment of Direct Tax, Calvin H. Johnson

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The Last Twenty Five Years of Affirmative Action?, Kevin R. Johnson

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Shards of Citizenship, Shards of Sovereignty: on the Continued Usefulness of an Old Vocabulary. Book Review Of: Semblances of Sovereignty: The Constitution, the State, and American Citizenship. by T. Alexander Aleinikoff, Sanford Levinson

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Constitutional Law as "Normal Science", Toni M. Massaro

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(So) What If It's All Just Rhetoric? Book Review Of: for the Sake of Argument: Practical Reasoning, Character, and the Ethics of Belief. by Eugene Garver, David McGowan

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The Political Battle for the Constitution, H. W. Perry and L. A. Scot Powe

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Tacking Left: A Radical Critique of Grutter, Daria Roithmayr

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The Dark Side of Grutter, Girardeau A. Spann

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Secrecy and Dishonesty: The Supreme Court, Racial Preferences, and Higher Education, Abigail Thernstrom and Stephan Thernstrom

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Tahoe's Requiem: The Death of the Scalian View of Property and Justice, Laura S. Underkuffler

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International Human Rights Law Perspective on Grutter and Gratz, David Weissbrodt

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English Constitutionalism Circa 2005, Or, Some Funny Things Happened After the Revolution. Book Review Of: Public Law. by Adam Tomkins., Ernest A. Young

Submissions from 2003

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The Little Red Schoolhouse: Pierce, State Monopoly of Education and the Politics of Intolerance, Paula Abrams

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Constitutional Rules, Constitutional Standards, and Constitutional Settlement: Marbury V. Madison and the Case for Judicial Supremacy, Larry Alexander

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Mother May I? Imposing Mandatory Prospective Rules of Statutory Interpretation, Larry Alexander and Saikrishna Prakash

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The Myth of the Neutral Amicus: American Courts and Their Friends, 1790-1890, Stuart Banner

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Judicial Supremacy and Its Discontents, Dale Carpenter

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The Court and the Empire. Book Review Of: The Imperial Republic: A Structural History of American Constitutionalism from the Colonial Era to the Beginning of the Twentieth Century. by James G. Wilson, Michael Kent Curtis

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How Many Spouses Does the Constitution Allow One to Have? Book Review Of: The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth Century America. by Sarah Barringer Gordon, David R. Dow and Jose I. Maldonado Jr.

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The Dimension of the Supreme Court, Paul H. Edelman

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The Importance of Being Final, Daniel A. Farber

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The Office of the Oath, Patrick O. Gudridge

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Not the King's Bench, Edward A. Hartnett

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The Partial-Birth Abortion Ban Act of 2003 and the Commerce Clause, Allan Ides

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Homage to Clio: The Historical Continuity from the Articles of Confederation into the Constitution, Calvin H. Johnson

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How "Decentralization" Rationalizes Oligarchy: John McGinnis and the Rehnquist Court, Andrew Koppelman

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Marbury and the Retreat from Judicial Supremacy, Larry D. Kramer

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Interpretative Equality as a Structural Imperative (Or "Pucker Up and Settle This!"), Gary Lawson

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What Are the Facts of Marbury V. Madison?, Sanford Levinson and Jack M. Balkin

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Recess Appointments and an Independent Judiciary, William Ty Mayton

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Decentralizing Constitutional Provisions Versus Judicial Oligarchy: A Reply to Professor Koppelman, John O. McGinnis

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Telling Stories for Liberty. Book Review Of: You Can't Say That: The Growing Threat to Civil Liberties from Antidiscrimination Laws. by David Bernstein, David McGowan

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American Democracy: A Model Oxymoron or Who Knew the Constitution Enshrined Affirmative Action for States? Book Review Of: How Democratic Is the American Constitution? by Robert A. Dahl., Miranda Oshige McGowan

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The Lame Ducks of Marbury, John Copeland Nagle

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Marbury's Wrongness, Michael Stokes Paulsen

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Searching for the Peaceable Kingdom. Book Review Of: Emblems of Pluralism: Cultural Differences and the State. by Carol Weisbrod, Mark D. Rosen

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On the Waterfront: Cheese-Eating, Huac, and the First Amendment, Jeffrey M. Shaman

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The Federalist Papers and the Bill of Rights, Shlomo Slonim

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The Marbury of 1803 and the Modern Marbury, Sylvia Snowiss

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Judicial Sovereignty: The Legacy of the Rehnquist Court. Book Review Of: Narrowing the Nation's Power: The Supreme Court Sides with the States. by John T. Noonan, Jr., E. Thomas Sullivan

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"Sir, Yes, Sir!": The Courts, Congress, and Structural Injunctions. Book Review Of: Democracy by Decree: What Happens When Courts Run Government. by Ross Sandler and David Schoenbrod, Mark Tushnet

Submissions from 2002

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Executive Power in Youngstown's Shadows, Patricia L. Bellia

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Practical Judging. Book Review Of: Implementing the Constitution. by Richard H. Fallon, Jr., Brian H. Bix

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Youngstown: Pages from the Book of Disquietude, Philip Bobbitt

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Against (Constitutional) Settlement. Book Review Of: Our Unsettled Constitution: A New Defense of Constitutionalism and Judicial Review. by Louis Michael Seidman, Brannon P. Denning

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Smokey and the Bandit in Cyberspace: The Dormant Commerce Clause, the Twenty-First Amendment, and State Regulation of Internet Alcohol Sales, Brannon P. Denning

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The Steel Seizure Case: One of a Kind?, Neal Devins and Louis Fisher

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The Law and Large Numbers. Book Review of Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution. by Michael I. Meyerson, Paul H. Edelman

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Playing Without a Referee: Congress, the President, and Foreign Affairs. Book Review Of: The President's Authority Over Foreign Affairs: An Essay in Constitutional Interpretation. by H. Jefferson Powell, Daniel A. Farber

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The Steel Seizure Case and Inherent Presidential Power, David Gray Adler

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Keeping Legal History "Legal" and Judicial Activism in Perspective: A Reply to Richard Pildes, Charles A. Heckman

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Washington, Patton, Schwarzkopf and ... Ashcroft?, Michael Herz

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Compelling Lessons in the First Amendment. Book Review Of: Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History. by Michael Kent Curtis, Wilson Huhn

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The King & I. Book Review Of: Theodore Rex. by Edmund Morris, Jonathan Kahn

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Carnival of Mirrors: Laurence Tribe's "Unbearable Wrongness", Nelson Lund

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"Equal Protection, My Ass!"? Bush V. Gore and Laurence Tribe's Hall of Mirrors, Nelson Lund

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Certain Illusions About Speech: Why the Free-Speech Critique of Hostile Work Environment Harassment Is Wrong, Miranda Oshige McGowan

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Voter's Intent and Its Discontents. Book Review Of: Understanding the 2000 Election: A Guide to the Legal Battles that Decided the Presidency. by Abner Greene, John Copeland Nagle

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How Many Judges Does It Take to Make a Supreme Court?, John V. Orth

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Youngstown Goes to War, Michael Stokes Paulsen

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Keeping Legal History Meaningful, Richard H. Pildes

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Searching for the False Shout of "Fire", L. A. Scot Powe

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The Smug Satisfaction of the Media Mentioned. Book Review Of: Public Intellectuals: A Study of Decline. by Richard A. Posner, Stephen Presser

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Separation Rhetoric and Its Relevance. Book Review Of: Separation of Church and State. by Philip Hamburger, Adam M. Samaha

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Constitutionalism in an Age of Speed, William E. Scheuerman

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The Price of Experience: The Constitution After September 11, 2001, J. Gregory Sidak

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Desperately Seeking Serenity. Book Review Of: Desperately Seeking Certainty: The Misguided Quest for Constitutional Foundations. by Daniel A. Farber and Suzanna Sherry, Steven D. Smith

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An Analysis of the Federal Constitutional Right to Same-Sex Marriage. Book Review Of: The Gay Rights Question in Contemporary American Law. by Andrew Koppelman, Mark Strasser

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The Republican Monarchy Revisited. Book Review Of: The English Constitution. by Walter Bagehot. Edited by Paul Smith, Adam Tomkins