Constitutional Commentary articles published before 2022.

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Submissions from 2000

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The Ordinary, the Exceptional, the Corrupt, and the Moral: What Did the Impeachment of Bill Clinton Mean for America and Americans? Book Review Of: An Affair of State: The Investigation, Impeachment, and Trial of President Clinton. by Richard A. Posner, Stephen B. Presser

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The People's Forest and Levy's Trees: Popular Sovereignty and the Origins of the Bill of Rights. Book Review Of: Origins of the Bill of Rights. by Leonard W. Levy, Brian C. Kalt

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Unnatural Born Citizens and Acting Presidents, James C. Ho

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Why the Canon Should Be Expanded to Include the Insular Cases and the Saga of American Expansionism, Sanford Levinson

Submissions from 1999

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5 U.S. (1 Cranch) 137, 175, Eric J. Segall

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Alternative Maps for Navigating the First Amendment Maze: A Review Essay Of: The First Amendment. by Daniel Farber, Alan E. Brownstein

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Be Careful What You Wish For, Michael C. Dorf

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Book Review: Cardozo. by Andrew L. Kaufman, Lynn D. Wardle

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Book Review: Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson. by William H. Rehnquist, Michael J. Gerhardt

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Book Review: Presidential Defiance of "Unconstitutional" Laws: Reviving the Royal Prerogative. by Christopher N. May, J. Randy Beck

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Civil Liberties During War: History's Institutional Lessons. Book Review Of: All the Laws but One: Civil Liberties in Wartime. by William H. Rehnquist, Margaret A. Garvin

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Clear and Present Dangers: The Importance of Ideas and the Bowels in the Cosmos, Thomas E. Baker

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Commas, Constitutional Grammar, and the Straight-Face Test: What If Conan the Grammarian Were a Strict Textualist?, Peter Jeremy Smith

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Commonplace or Anachronism: The Standard Model, the Second Amendment, and the Problem of History in Contemporary Constitutional Theory, Saul Cornell

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Defunis, Defunct, Jim Chen

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Did Sir Edward Coke Mean What He Said?, John V. Orth

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Farewell Madison Avenue, Marci A. Hamilton

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Hey, Christians, Leave Your Kids Alone! a Review Essay Of: Religious Schools V. Children's Rights. by James G. Dwyer, Stephen G. Gilles

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If the States Had Been Sovereign, Edward L. Rubin

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Justice Without Justices, John O. McGinnis

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Law and Sports Officiating: A Misunderstood and Justly Neglected Relationship, Mark A. Graber

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Midnight in the Courtroom of Good and Evil, Jim Chen

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Must Joe Robinson Die?: Reflections on the 'Success' of Court Packing, Robert A. Schapiro

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Nonjudicial Constitutional Interpretation, Authoritative Settlement, and a New Agenda for Research, Bruce G. Peabody

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Pickup Basketball, Peter L. Olson

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Plus Ìàa Change ... or If Hard Cases Make Bad Law, What Do Bad Cases Make?, Suzanna Sherry

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Shocking the Conscience: Pragmatism, Moral Reasoning, and the Judiciary. Book Review of the Problematics of Moral and Legal Theory. by Richard A. Posner, Daniel A. Farber

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So Help Me God: Religion and Presidential Oath-Taking, James E. Pfander

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Suicide Pact: New Readings of the Second Amendment, Michael A. Bellesiles

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Terry V. Ohio in Hindsight: The Perils of Predicting the Past, Susan Bandes

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The Akhil Reed Amar Bill of Rights. Review Essay of : The Bill of Rights: Creation and Reconstruction. by Akhil Reed Amar, Edward A. Hartnett

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The Apparent Inevitability of Mixed Government, John Hart Ely

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The Future of an Illusion: Reconstituting Planned Parenthood V. Casey, Nadine Strossen and Ronald K. L. Collins

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The Myth of Superiority, William B. Rubenstein

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The Oxymoron Reconsidered: Myth and Reality in the Origins of Substantive Due Process, James W. Ely Jr.

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The Remand that Made the Court Expand, Maxwell L. Stearns

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The School Prayer Decisions, William P. Marshall

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The Second Amendment in Historical Context, Don Higginbotham

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The Trial of Charles 1: A Sesquitricentennial Reflection, Louis J. Sirico Jr.

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The Trouble with Tarble's: An Excerpt from an Alternative Casebook, Daniel A. Farber

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The Truth, the Whole Truth, and Nothing but the Truth About "High Crimes and Misdemeanors" and the Constitution's Impeachment Process. Book Review Of: High Crimes and Misdemeanors: The Case Against Bill Clinton. by Ann Coulter, Vikram David Amar

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The Variola Variation, Donald Dripps

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To Keep and Bear Arms in the Early Republic, Robert E. Shalhope

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Two Phone Calls, Cass R. Sunstein

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What If ... Buckley Were Overturned?, Alan B. Morrison

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What the Wall Separates: A Debate on Thomas Jefferson's "Wall of Separation" Metaphor, Daniel L. Dreisbach and John D. Whaley

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Would You, Could You, Change a Thing?, Barry Friedman

Submissions from 1998

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A Century Lost: The End of the Originalism Debate, Eric J. Segall

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Ackermania or Uncomfortable Truths?: Review Essay Of: We the People: Transformations. by Bruce Akerman, L. A. Scot Powe

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Another Chat with the Lady in the Grocery Line: Clinton V. Jones, John B. Mitchell

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A "Uniform and Entire" Constitution; Or, What If Madison Had Won?, Edward A. Hartnett

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A Very New Lawyer's First Case: Brown V. Board of Education., John J. Cound

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Book Review: Free Speech in Its Forgotten Years. by David M. Rabban, Daniel A. Farber

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Book Review: Separating Powers: Essays on the Founding Period. by Gerhard Casper., Robert J. Delahunty

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Book Review: The Constitution in Congress: The Federalist Period, 1789-1801. by David P. Currie, John Harrison

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Coeur D’Alene, Federal Courts and the Supremacy of Federal Law: The Competing Paradigms of Chief Justices Marshall and Rehnquist, Vicki C. Jackson

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Commandeering, the Tenth Amendment, and the Federal Requisition Power: New York V. United States Revisited, Erik M. Jensen and Jonathan L. Entin

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Diversity and Meritocracy in Legal Education: A Critical Evaluation of Linda F. Wightman's "The Threat to Diversity in Legal Education"., Stephan Thernstrom

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Ducking Dred Scott: A Response to Alexander and Schauer., Emily Sherwin

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If at First You Don't Succeed, Ignore the Question Next Time? Group Harm in Brown V. Board of Education and Loving V. Virginia, John Hart Ely

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Impeachment and Accountability: The Case of the First Lady, Michael J. Broyde and Robert A. Schapiro

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Inculcating Constitutional Values: A Review Essay Of: Constitutional Law. by Gerald Gunther & Kathleen M. Sullivan and Constitutional Law. by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet., William K. Kelley

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Is a Coherent Theory of Religious Freedom Possible?, Steven D. Smith

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The Chemical Weapons Convention: Political and Constitutional Issues., Ronald D. Rotunda

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The First Amendment Freedoms, Civil Peace and the Quest for Truth, Murray Dry

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The Most-Cited Federalist Papers, Ira C. Lupu

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The New Sovereignty and the Old Constitution: The Chemical Weapons Convention and the Appointments Clause., John C. Yoo

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The Ten Commandments in Alabama, Steven Lubet

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Through a Different Lens: A Reply to Stephan Thernstrom., Linda F. Wightman

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Truth or Consequences? the Inadequacy of Consequentialist Arguments Against Multicultural Relativism: A Review Essay Of: Beyond All Reason: The Radical Assault on Truth in American Law. by Daniel Farber & Suzanna Sherry., Roderick M. Hills Jr.

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Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, Samuel J. Levine

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Unoriginalism's Law Without Meaning. Review Essay Of: Original Meanings: Politics and Ideas in the Making of the Constitution. by Jack N. Rakove, Saikrishna B. Prakash

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Where, but for the Grace of God, Goes He? The Search for Empathy in the Criminal Jurisprudence of Clarence Thomas, Eric L. Muller

Submissions from 1997

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A Colloquy with Jack Greenberg About Brown: Experiences and Reflections., Richard Sobel

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Book Review: American Constitutionalism: from Theory to Politics. by Stephen M. Griffin., Daniel O. Conkle

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Book Review: Explicit & Authentic Acts. by David Kyvig., John Vile

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Book Review: Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom. by Steven D. Smith., Steffen N. Johnson

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Book Review: Justice in Immigration. Edited by Warren F. Schwartz., Hiroshi Motomura

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Book Review: Learned Hand: The Man and the Judge. by Gerald Gunther., John Wertheimer

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Book Review: Religion in Public Life: A Dilemma for Democracy. Ronald F. Thiemann., Scott C. Idleman

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Book Review: Securing Religious Liberty: Principles for Judicial Interpretation of the Religion Clauses. by Jesse H. Choper., J. Matthew Szymanski and Stephen M. Clarke

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Book Review: The Constitution and Criminal Procedure: First Principles. by Akhil Reed Amar., Ronald F. Wright

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Book Review: The Federal Impeachment Process: A Constitutional and Historical Analysis. by Michael J. Gerhardt., Frederick Schauer

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Book Review: to Secure These Rights: The Declaration of Independence and Constitutional Interpretation. by Scott Douglas Gerber., Stephen B. Presser

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Campaign Finance, the Parties and the Court: A Comment on Colorado Republican Federal Campaign Committee V. Federal Elections Commission., Richard Briffault

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Counting Heads on RFRA., Michael Stokes Paulsen

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Cousin Humphrey, Ruth Wedgwood

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Democracy as Meaningful Conversation., Robert W. Bennett

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Desperately Ducking Slavery: Dred Scott and Contemporary Constitutional Theory., Mark A. Graber

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Discrimination by Proxy., Larry Alexander and Kevin Cole

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Legal Liberalism at Yale: A Review Essay of the Strange Career of Legal Liberalism. by Laura Kalman., Stephen M. Griffin

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Musings on a Constitutional Mystery: Missing Presidents and "Headless Monsters"?, Scott E. Gant and Bruce G. Peabody

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Review Essay: Interpretation and Philosophy: Dworkin's Constitution., Edward B. Foley

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Review Essay: Who's Afraid of Henry Hart?, Michael Wells

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RFRA-Vote Gambling: Why Paulsen Is Wrong, as Usual., Suzanna Sherry

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Taking from a and Giving to B: Substantive Due Process and the Case of the Shifting Paradigm., John V. Orth

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The Concept of Corruption in Campaign Finance Law., Thomas F. Burke

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The Global Dimension of RFRA., Gerald L. Neuman

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The Legislative Veto in Times of Political Reversal: Chadha and the 104th Congress., Michael Herz

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The Supreme Court's Approach to the First Amendment in Cyberspace: Free Speech as Technology's Hand-Maiden., Mark S. Kende