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Constitutional Commentary, Vols 1–36 (1984–2022)

Constitutional Commentary articles published before 2022.

Submissions from 2007 2007

The Second Convention Movement, 1787-1789, Richard Labunski

The Tensions of Constitutional Democracy. Book Review Of: Constitutional Democracy: Creating and Maintaining a Just Political Order. by Walter F. Murphy, George Thomas

Umpires at Bat: on Integration and Legitimation, Neil S. Siegel

Underlying Principles, Randy E. Barnett

Warren Court Precedents in the Rehnquist Court, Frank B. Cross, Thomas A. Smith, and Antonio Tomarchio

When the Court Has a Party, How Many "Friends" Show Up? a Note on the Statistical Distribution of Amicus Brief Filings, Daniel A. Farber

Submissions from 2006 2006

Brother, Can You Paradigm? Book Review Of: Revolution by Judiciary: The Structure of American Constitutional Law. by Jed Rubenfeld, Brannon P. Denning

Compelled Speech, Larry Alexander

Deduction, Legal Reasoning, and the Rule of Law. Book Review Of: Rhetoric and the Rule of Law. a Theory of Legal Reasoning. by Neil McCormick, Spaak Torben

Farewell to Social Nostalgia. Book Review Of: Beyond Camelot: Rethinking Politics and Law for the Modern State. by Edward L. Rubin., Peter E. Quint

Federalist No. 78 and Brutus' Neglected Thesis on Judicial Supremacy, Shlomo Slonim

Fundamentally Wrong About Fundamental Rights, Adam Winkler

Hamdan's Limits and the Military Commissions Act, Samuel Estreicher and Diarmuid O'Scannlain

Hamdan V. Rumsfeld: The Functional Case for Foreign Affairs Deference to the Executive Branch, Julian Ku and John Yoo

Judicial Interpretive Finality and the Constitutional Text, John Harrison

Justice Iredell, Choice of Law, and the Constitution-A Neglected Encounter, Michael G. Collins

Mixed Motives: Regarding Race and Racial Fortuity. Book Review Of: Silent Covenants: Brown V. Board of Education and the Unfulfilled Hopes for Racial Reform. by Derrick Bell, Kathleen A. Bergin

"Modest Expectations"?: Civic Unity, Religious Pluralism, and Conscience. Book Review Of: Divided by God: America's Church-State Problem - and What We Should Do About It. by Noah Feldman; the Right to Be Wrong: Ending the Culture War Over Religion in America. by Kevin Seamus Hasson, Richard W. Garnett

Originalism as a Legal Enterprise, Gary Lawson and Guy Seidman

Presidential Signing Statements and Executive Power, Curtis A. Bradley and Eric A. Posner

Taxes, Conscience, and the Constitution, Steven D. Smith

The Constitution and the Annexation of Texas, Earl M. Maltz

Submissions from 2005 2005

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

Congress Clears Its Throat, Edward A. Hartnett

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

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

Family Conflict and Family Privacy: The Constitutional Violation in Terri Schiavo's Death, Robert A. Burt

Fig Leaf Federalism and Tenth Amendment Exceptionalism, Nelson Lund

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

Judging the Schiavo Case, Samuel R. Bagenstos

Killing Terri Schiavo, Michael Stokes Paulsen

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

Originalism, Precedent, and Candor, David A. Strauss

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

Protecting Unconscious, Medically- Dependent Persons After Wendland & Schiavo, Clarke D. Forsythe

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

Schiavo and Klein, Evan Caminker

Terri Schiavo: A Right to Life Denied or a Right to Die Honored?, Robert P. George

Text, Precedent, and the Constitution: Some Originalist and Normative Arguments for Overruling Planned Parenthood of Southeastern Pennsylvania V. Casey, Steven G. Calabresi

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

The Contagion of Constitutional Avoidance, Scott E. Gant

The Dubious Enumerated Power Doctrine, Calvin H. Johnson

The Intrinsically Corrupting Influence of Precedent, Michael Stokes Paulsen

The Protestant Revolutions and Western Law. Book Review Of: Law and Revolution Ii: The Impact of the Protestant Reformations on the Western Legal Tradition. by Harold J. Berman, William B. Ewald

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

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

Trumping Precedent with Original Meaning: Not as Radical as It Sounds, Randy E. Barnett

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

When Government Must Pay: Compensating Rights and the Constitution, Kenneth Agran

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 2004

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

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

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

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

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

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

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

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

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

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

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

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

Jim Crow's Long Goodbye, Gabriel J. Chin

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

Racial Integration as a Compelling Interest, Elizabeth S. Anderson

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

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

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

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

(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

Tacking Left: A Radical Critique of Grutter, Daria Roithmayr

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

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

The Constitutionality of the Filibuster, Michael J. Gerhardt

The Dark Side of Grutter, Girardeau A. Spann

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

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

Submissions from 2003 2003

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

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

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

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

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

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.

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

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

Judicial Supremacy and Its Discontents, Dale Carpenter

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

Marbury's Wrongness, Michael Stokes Paulsen

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

Not the King's Bench, Edward A. Hartnett

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

Recess Appointments and an Independent Judiciary, William Ty Mayton

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

"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

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

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

The Dimension of the Supreme Court, Paul H. Edelman

The Federalist Papers and the Bill of Rights, Shlomo Slonim

The Importance of Being Final, Daniel A. Farber

The Lame Ducks of Marbury, John Copeland Nagle