Constitutional Commentary articles published before 2022.

Follow

Submissions from 2003

PDF

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

PDF

The Marbury of 1803 and the Modern Marbury, Sylvia Snowiss

PDF

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

PDF

The Office of the Oath, Patrick O. Gudridge

PDF

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

PDF

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

Submissions from 2002

PDF

Against (Constitutional) Settlement, Brannon P. Denning

PDF

An Analysis of the Federal Constitutional Right to Same-Sex Marriage, Mark Strasser

PDF

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

PDF

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

PDF

Compelling Lessons in the First Amendment, Wilson Huhn

PDF

Constitutionalism in an Age of Speed, William E. Scheuerman

PDF

Desperately Seeking Serenity, Steven D. Smith

PDF

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

PDF

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

PDF

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

PDF

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

PDF

Keeping Legal History Meaningful, Richard H. Pildes

PDF

Lost at the Equal Protection Carnival: Nelson Lund's Carnival of Mirrors, Laurence H. Tribe

PDF

Playing Without a Referee: Congress, the President, and Foreign Affairs, Daniel A. Farber

PDF

Practical Judging, Brian H. Bix

PDF

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

PDF

Separation Rhetoric and Its Relevance, Adam M. Samaha

PDF

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

PDF

The King & I, Jonathan Kahn

PDF

The Law and Large Numbers, Paul H. Edelman

PDF

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

PDF

The Republican Monarchy Revisited, Adam Tomkins

PDF

The Smug Satisfaction of the Media Mentioned, Stephen Presser

PDF

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

PDF

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

PDF

The Unbearable Wrongness of Bush v. Gore, Laurence H. Tribe

PDF

Voter's Intent and Its Discontents, John Copeland Nagle

PDF

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

PDF

Youngstown Goes to War, Michael Stokes Paulsen

PDF

Youngstown: Pages from the Book of Disquietude, Philip Bobbitt

Submissions from 2001

PDF

"Another Thing Needful": Exploring Emotions in Law, Neal Feigenson

PDF

Book Review of Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth- Century America, Tony A. Freyer

PDF

Book Review of Division and Discord: The Supreme Court Under Stone and Vinson, 1941-1953, L. A. Scot Powe

PDF

Bush v. Gore: Looking at Baker v. Carr in a Conservative Mirror, Robert J. Pushaw Jr.

PDF

Controlling Precedent: Congressional Regulation of Judicial Decision-Making, Gary Lawson

PDF

Economic Activity as a Proxy for Federalism: Intuition and Reason in United States v. Morrison, Allan Ides

PDF

E Pluribus Unum?, Daniel A. Farber

PDF

Getting to Know Harlan: A New Approach to Judicial Biography?, James A. Thomson

PDF

Green Eggs and Legislation, Michael Stokes Paulsen

PDF

Lawson's Awesome (Also Wrong, Some), Michael Stokes Paulsen

PDF

Making Sense of Dale, David McGowan

PDF

Michelman, Brennan, and Democratic Theory, David Lay Williams

PDF

"Nor Long Remember", Daniel A. Farber

PDF

Of Judicial Supremacy and Academic Inadequacy, Scott C. Idleman

PDF

Rating the Presidents of the United States, 1789-2000: A Survey of Scholars in Political Science, History, and Law, James Lindgren and Steven G. Calabresi

PDF

Requiem for Hercules, Edward B. Foley

PDF

The "Bermuda Triangle?" the Cert Pool and Its Influence Over the Supreme Court's Agenda, Barbara Palmer

PDF

The Commerce Clause, the Political Question Doctrine, and Morrison, Ronald D. Rotunda

PDF

The Marbury Mystery: Why Did William Marbury Sue in the Supreme Court?, Susan Low Bloch

PDF

The People's Forest and Levy's Trees: Popular Sovereignty and the Origins of the Bill of Rights, Brian C. Kalt

PDF

The Supreme Court and the Brethren, David J. Garrow

PDF

The Supreme Nonet, Thomas E. Baker

PDF

The Virtues of Presidential Government: Why Professor Ackerman Is Wrong to Prefer the German to the U.S. Constitution, Steven G. Calabresi

PDF

The Warren Court and American Politics: An Impressionistic Appreciation, Roger K. Newman

PDF

True God of the Next Justice, J. Gregory Sidak

PDF

"Uniform Throughout the United States": Limits on Taxing as Limits on Spending, Laurence Claus

PDF

Were There Adequate State Grounds in Bush v. Gore?, Michael L. Wells

PDF

What Does the Second Amendment Restrict?: A Collective Rights Analysis, Carl T. Bogus

PDF

Why the Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply to Professor Farber, Neil S. Siegel

PDF

Why the Supreme Court Should Not Have Decided the Presidential Election of 2000, Jesse H. Choper

Submissions from 2000

PDF

A Comparative Constitutional Law Canon?, John E. Finn and Donald P. Kommers

PDF

Aim Globally, Martin S. Flaherty

PDF

Book Review of Rights and Responsibilities, Evan Tsen Lee

PDF

Book Reviews of Has the Hour of Democracy Come Round at Last?: The New Critique of Judicial Review; One Case at a Time: Judicial Minimalism on the Supreme Court; and Taking the Constitution Away from the Courts, Stephen M. Griffin

PDF

Book Reviews of Outsider Voices on Gun and the Constitution; and Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876, Nelson Lund

PDF

Brown's Promise, Blaine's Legacy, Richard W. Garnet

PDF

Capturing the Canon, Jerome A. Barron

PDF

Chasing the Canon: A Tail's View Of, and Requests To, the Dog, John E. Nowak

PDF

Constitutional Law's Loose Canon: Are We Running Software Without an Operating System?, Donald E. Lively

PDF

Defending Judicial Supremacy: A Reply, Larry Alexander and Frederick Schauer

PDF

Democracy, Anti-Democracy, and the Canon, Richard H. Pildes

PDF

Does "Practicality" Have a Place in the "Canon of Constitutional Law"?, Russell L. Weaver

PDF

Dworkin as an Originalist, Jeffrey Goldsworthy

PDF

Fictional Documentaries and Truthful Fictions: The Death Penalty in Recent American Film, David R. Dow

PDF

Is the Miranda Caselaw Really Inconsistent? A Proposed of Fifth Amendment Synthesis, Donald Dripps

PDF

Is There a Canon of Constitutional History?, William M. Wiecek

PDF

Liberalism Lost, Daniel A. Farber

PDF

On Case Books and Canons or Why Bob Jones University Will Never Be Part of the Constitutional Law Canon, Neal Devins

PDF

Presidential Impeachment: The Original Misunderstanding, John V. Orth

PDF

Shrink Missouri, Campaign Finance, and "The Thing that Frederick Schauer Wouldn't Leave", Richard L. Hasen

PDF

Sovereignty Studies in Constitutional Law: A Comment, T. Alexander Aleinikoff

PDF

That Sick Chicken Won't Hunt: The Limits of a Judicially Enforced Non-Delegation Doctrine, George I. Lovell

PDF

The Black Holes of American Constitutional Law, Eric J. Segall

PDF

The Canon and the Constitution Outside the Courts, Sotirios A. Barber and James E. Fleming

PDF

'The Canon' of Constitutional Law for Undergraduate Teaching: The Melding of Constitutional Theory, Law, and Interpretive/ Empirical Political Science, Ronald Kahn

PDF

The Canon(s) of Constitutional Law: An Introduction, Mark Tushnet

PDF

The Canons of Constitutional Law: Teaching with a Political- Historical Framework, Louis Fisher

PDF

The Case for Including Marks v. United States in the Canon of Constitutional Law, Maxwell L. Stearns

PDF

The Constitutional Canon: The Challenge Posed by a Transitional Constitutionalism, Ruti Teitel

PDF

The Day After: Do We Need a "Twenty-Eighth Amendment?", Joel B. Grossman and David A. Yalof

PDF

The Fourteenth Amendment and Native American Citizenship, Earl M. Maltz

PDF

The Integration of Theory and Practice in Teaching Structural Issues in Constitutional Law, Daan Braveman and William Banks

PDF

The Limits of Gaylaw, Dale Carpenter

PDF

The Ordinary, the Exceptional, the Corrupt, and the Moral: What Did the Impeachment of Bill Clinton Mean for America and Americans?, Stephen B. Presser