Constitutional Commentary articles published before 2022.

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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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The Marbury of 1803 and the Modern Marbury, Sylvia Snowiss

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

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The Office of the Oath, Patrick O. Gudridge

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

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

Submissions from 2002

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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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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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Carnival of Mirrors: Laurence Tribe's "Unbearable Wrongness", 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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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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Constitutionalism in an Age of Speed, William E. Scheuerman

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

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

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

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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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Keeping Legal History Meaningful, Richard H. Pildes

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

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

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

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

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

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

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

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

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

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

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Youngstown Goes to War, Michael Stokes Paulsen

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Youngstown: Pages from the Book of Disquietude, Philip Bobbitt

Submissions from 2001

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"Another Thing Needful": Exploring Emotions in Law. Book Review Of: The Passions of Law. Edited by Susan A. Bandes, Neal Feigenson

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

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

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

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

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

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E Pluribus Unum? Book Review Of: States' Rights and the Union: Imperium in Imperio, 1776-1876. by Forrest McDonald, Daniel A. Farber

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Getting to Know Harlan: A New Approach to Judicial Biography? Book Review: The Republic According to John Marshall Harlan. by Linda Przybyszewski, James A. Thomson

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Green Eggs and Legislation, Michael Stokes Paulsen

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

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Making Sense of Dale, David McGowan

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Michelman, Brennan, and Democratic Theory. Book Review: Brennan and Democracy. by Frank I. Michelman, David Lay Williams

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"Nor Long Remember". Book Review Of: Our Secret Constitution: How Lincoln Redefined American Democracy. by George P. Fletcher, Daniel A. Farber

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Of Judicial Supremacy and Academic Inadequacy, Scott C. Idleman

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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

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Requiem for Hercules. Book Review Of: Sovereign Virtue: The Theory and Practice of Equality. by Ronald Dworkin, Edward B. Foley

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

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

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

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The Supreme Court and the Brethren, David J. Garrow

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The Supreme Nonet. Book Review Of: "The Supremes": Essays on the Current Justices of the Supreme Court of the United States. by Barbara A. Perry, Thomas E. Baker

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

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The Warren Court and American Politics: An Impressionistic Appreciation. Book Review: The Warren Court and American Politics. by Lucas A. (Scot) Powe, Jr., Roger K. Newman

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True God of the Next Justice, J. Gregory Sidak

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

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

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

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

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

Submissions from 2000

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

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Aim Globally, Martin S. Flaherty

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Book Review: Has the Hour of Democracy Come Round at Last? the New Critique of Judicial Review; a Book Review Of: One Case at a Time: Judicial Minimalism on the Supreme Court. by Cass R. Sunstein; Taking the Constitution Away from the Courts. by Mark Tushnet., Stephen M. Griffin

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Book Review: Outsider Voices on Gun and the Constitution; a Book Review Of: Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876. by Stephen P. Halbrook, Nelson Lund

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Book Review: Rights and Responsibilities. by Leon Trakman and Sean Gatien, Evan Tsen Lee

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Brown's Promise, Blaine's Legacy: A Review Essay Of: Choosing Equality: School Choice, the Constitution, and Civil Society. Joseph P. Viteritti, Richard W. Garnet

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Capturing the Canon, Jerome A. Barron

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

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

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

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

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

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Dworkin as an Originalist, Jeffrey Goldsworthy

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Essay: The Parsimony of Libertarianism., James E. Fleming

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

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

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

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Liberalism Lost. Book Review Of: The Trouble with Principle. by Stanley Fish, Daniel A. Farber

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Necromancing the Equal Rights Amendment, Brannon P. Denning and John R. Vile

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

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Presidential Impeachment: The Original Misunderstanding, John V. Orth

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

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

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

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The Black Holes of American Constitutional Law. Book Review Of: American Constitutional Law, Third Edition, Volume 1. by Laurence H. Tribe, Eric J. Segall

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

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

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

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

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

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

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

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

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

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The Limits of Gaylaw: A Review Essay Of: Gaylaw; Challenging the Apartheid of the Closet. William N. Eskridge, Jr., Dale Carpenter