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 1991

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The Futile Search for Alternative Media in Symbolic Speech Cases., William E. Lee

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The Irrelevance of San Francisco Arts & Athletics, Inc. V. United States Olympic Committee to the Flag Controversy., William E. Lee

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Accounting for Constitutional Change (Or, How Many Times Has the United States Constitution Been Amended? (A) <26; (B) 26; (C) >26; (D) All of the Above), Sanford Levinson

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Book Review: Whom Does the Constitution Command? by Larry Alexander and Paul Horton., Thomas P. Lewis

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Book Review: Judicial Activism: Bulwark of Freedom or Precarious Security? by Christopher Wolfe., Thomas Morawetz

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Book Review: State and Salvation: The Jehovah's Witnesses and Their Fight for Civil Rights. by William Kaplan., Richard E. Morgan

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Constitutional Mergers and Acquisitions: The Federal Republic of Germany., Fred L. Morrison

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Book Review: The Mind and Faith of Justice Holmes: His Speeches, Essays, Letters, and Judicial Opinions. by Max Lerner; Honorable Justice: The Life of Oliver Wendell Holmes. by Sheldon M. Novick., Robert F. Nagel

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The Framers' Muse on Republicanism, the Supreme Court, and Pragmatic Constitutional Interpretivism., David M. O'Brien

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Book Review: The Civil Rights Era: Origins and Development of National Policy. by Hugh Davis Graham., William L. O'Neill

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Book Review: Cardozo: A Study in Reputation. by Richard A. Posner., Michael E. Parrish

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A.T. Mason and American Political Thought: A Non-Princetonian's View., H. L. Pohlman

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The Constitution and Political Parties: Supreme Court Jurisprudence and Its Implications for Partybuilding., Brian L. Porto

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Justice William J. Brennan and the Warren Court., Robert C. Post

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Book Review: in Pursuit of Justice: Reflections of a State Supreme Court Justice. by Joseph R. Grodin., Mark S. Pulliam

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Book Review: in Defense of American Liberties: A History of the ACLU. by Samuel Walker., Jeremy Rabkin

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Book Review: Belonging to America. by Kenneth Karst., Lauren Robel

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Book Review: Corporate First Amendment Rights and the Sec. by Nicholas Wolfson; Freedom of Expression in the American Military: A Communication Modeling Analysis. by Cathy Packer., John M. Rogers

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Book Review: The Editor, the Bluenose, and the Prostitute: H.L. Mencken's History of the "Hatrack" Censorship Case. Edited by Carl Bode., Norman L. Rosenberg

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Book Review: The Canadian Charter of Rights and Freedoms (Second Edition). Edited by Gerald Beaudoin and Ed Ratushny., Robert A. Sedler

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Book Review: A Government of Laws: Political Theory, Religion, and the American Founding. by Ellis Sandoz., Steven D. Smith

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Book Review: Equal Separation: Understanding the Religion Clauses of the First Amendment. Edited by Paul J. Weber. Foreword by Martin E. Marty; Articles of Faith, Articles of Peace: The Religious Liberty Clauses and the American Public Philosophy. Edited by James Davison Hunter and Os Guinness., Steven D. Smith

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Book Review: Human Liberty and Freedom of Speech. by C. Edwin Baker., John Stick

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Book Review: Inventing the American Presidency. Edited by Thomas E. Cronin., Glen E. Thurow

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Book Review: Ethics, Politics and the Independent Counsel: Executive Power, Executive Vice 1789-1989. by Terry Eastland., Mark Tushnet

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Two Notes on the Jurisprudence of Privacy., Mark Tushnet

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Book Review: An Appeal to Justice: Litigated Reform of Texas Prisons. by Ben M. Crouch and James W. Marquart., David A. Ward

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Book Review: The Politics of Judicial Interpretation: The Federal Courts, Department of Justice and Civil Rights, 1866-1876. by Robert J. Kaczorowski; No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights. by Michael Kent Curtis; the Fourteenth Amendment and the Bill of Rights. by Raoul Berger., Michael P. Zuckert

Submissions from 1990

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Citizens, Aliens, Membership and the Constitution., T. Alexander Aleinikoff

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Book Review: Reform and Regret: The Story of Federal Judicial Involvement in the Alabama Prison System. by Larry W. Yackle., Elizabeth Alexander

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Book Review: The Rights Retained by the People: The History and Meaning of the Ninth Amendment. Edited by Randy E. Barnett., Larry Alexander

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A Right to Pastimes?, David P. Bryden

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Green Property, J. Peter Byrne

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An Orthodox View of the Two-Tier Analysis of Congressional Control Over Federal Jurisdiction., William R. Casto

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Book Review: Fortas: The Rise and Ruin of a Supreme Court Justice. by Bruce Allen Murphy., John C. Chalberg

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Book Review: Hard Judicial Choices: Federal District Court Judges and State and Local Officials. by Philip J. Cooper., Richard B. Collins

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Book Review: Conceptual Change and the Constitution. Edited by Terence Ball and J.G.A. Pocock., Stephen A. Conrad

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Recent Developments in Legal Theory: How to Compare Apples and Oranges, Richard Delgado and John Kidwell

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Book Review: Race, Class & Conservatism. by Thomas D. Boston., William A. Donohue

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Book Review: The Federalist Papers and the New Institutionalism. by Bernard Grofman and Donald Wittman, Eds., Daniel A. Farber

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The Deconstructed Grocery List, Daniel A. Farber

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Book Review: Gender Sanity: The Case Against Feminism. Edited by Nicholas Davidson., Dianne S. Farber

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Book Review: The Spirit of Modem Republicanism: The Moral Vision of the American Founders and the Philosophy of Locke. by Thomas L. Pangle., Robert Faulkner

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Book Review: The New Politics of Pornography. by Donald A. Downs., Canavan Francis

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Book Review: Corwin on the Constitution: Volume Three: on Liberty Against Government. Edited by Richard Loss; Spheres of Liberty: Changing Perceptions of Liberty in American Culture. by Michael Kammen; Liberty, Property, and Government: Constitutional Interpretation Before the New Deal. Edited by Ellen Frankel Paul and Howard Dickman., Herbert Hovenkamp

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Book Review: The Limits of Judicial Power: The Supreme Court in American Politics. by William Lasser., Herbert Hovenkamp

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Book Review: The Origin of Species Revisited: The Theories of Evolution and of Abrupt Appearance. by W.R. Bird., Phillip E. Johnson

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Book Review: Constitutional Reform in America: Essays on the Separation of Powers. by Charles Hardin., Robert G. Kaufman

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Book Review: Constitutional Brinkmanship: Amending the Constitution by National Convention. by Russell L. Caplan., Richard S. Kay

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The Case of Justice Stevens: How to Select, Nominate and Confirm a Justice of the United States Supreme Court., Victor H. Kramer

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Book Review: in the Name of War: Judicial Review and the War Powers Since 1918. by Christopher N. May., Charles A. Lofgren

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Book Review: Mr. Justice Black and His Critics. by Tinsley E. Yarbrough., James Magee

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The Constitution and Nonracial Discrimination: Alienage, Sex, and the Framers' Ideal of Equality., Earl M. Maltz

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Book Review: Brandeis and America. Edited by Nelson L. Dawson., Thomas K. McCraw

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Written and Unwritten Constitutional Law in the Founding Period: The Early New Jersey Cases., Wayne D. Moore

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Book Review: James Madison: The Founding Father. by Robert Allen Rutland; James Madison on the Constitution and the Bill of Rights. by Robert J. Morgan; the Last of the Fathers: James Madison and the Republican Legacy. by Drew R. McCoy., Richard E. Morgan

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Book Review: Marbury V. Madison and Judicial Review. by Robert Lowry Clinton., Kent Newmyer

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Book Review: Women's Rights in France. [Contributions in Women's Studies, Number 74]. by Dorothy Mcbride Stetson., Karen Offen

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Book Review: The Grounding of Modern Feminism. by Nancy F. Cott., William L. O'Neill

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Justice Brennan and Federalism., Robert C. Post

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Book Review: Jerry Falwell V. Larry Flynt: The First Amendment on Trial. by Rodney A. Smolla., L.A. Jr. Powe

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Book Review: The Tempting of America: The Political Seduction of the Law. by Robert H. Bork; the People Rising: The Campaign Against the Bork Nomination. by Michael Pertschuk and Wendy Schaetzal; Battle for Justice: How the Bork Nomination Shook America. by Ethan Bronner., John P. Roche

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Book Review: The Right to Private Property. by Jeremy Waldron., Robert E. Rodes Jr.

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Book Review: Women in the Military: An Unfinished Revolution. by Jeanne Holm; Women and War. by Jean Bethke Elshtain; Weak Link: The Feminization of the American Military. by Brian Mitchell; Arms and the Enlisted Woman. by Judith Hicks Stiehm., John M. Rogers

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Broadcasting in the Public Interest: Lessons from Japan., Dan Rosen

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Book Review: The Supreme Court: How It Was, How It Is. by William H. Rehnquist., Patrick J. Schiltz

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Book Review: Speech, Crime, and the Uses of Language. by Kent Greenawalt, Maimon Schwarzschild

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Taking the Court Seriously: A Proposed Approach to Senate Confirmation of Supreme Court Nominees., Gary J. Simson

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The Twenty-Second Amendment: A Practical Remedy or Partisan Maneuver?, Stephen W. Stathis

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Book Review: The Supreme Court and Judicial Choice: The Role of Provisional Review in a Democracy. by Paul R. Dimond., Robert J. Steamer

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Book Review: The Court Vs. Congress: Prayer, Busing, and Abortion. by Edward Keynes with Randall K. Miller., George Steven Swan

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Book Review: Class, Race and the Civil Rights Movement. by Jack M. Bloom., Mark Tushnet

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Book Review: Two Jewish Justices: Outcasts in the Promised Land. by Robert A. Burt., Melvin I. Urofsky

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Correspondence, Melvin I. Urofsky, Herman Belz, Richard Weisberg, and Lino A. Graglia

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Book Review: A History of the American Constitution. by Daniel A. Farber & Suzanna Sherry., William M. Wiecek

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Correspondence, Tinsley E. Yarbrough and James Magee

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Book Review: Individuals and Their Rights. by Tibor Machan., Michael P. Zuckert

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The Federalist at 200-- What's It to Us?, Michael P. Zuckert

Submissions from 1989

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Book Review: Elites and the Idea of Equality. by Sidney Verba, Steven Kelman, Gary R. Orren, Ichiro Miyake, Joji Watanuki, Lkuo Kabashima and G. Donald Ferree, Jr., Steven H. Balch

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The Rule of Law as a Source of Constitutional Change., Jack M. Balkin

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Book Review: The Civil Rights Society: The Social Construction of Victims. by Kristin Bumiller., William R. Beer

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Book Review: A March of Liberty: A Constitutional History of the United States. by Melvin I. Urofsky., Herman Belz

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Book Review: American Constitutional Law. (2d Ed.). by Laurence M. Tribe., Stanley C. Brubaker

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On Race and Diversity., David P. Bryden

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Originality, David P. Bryden

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The Constitution Is Not "Hard Law": The Bork Rejection and the Future of Constitutional Jurisprudence., Erwin Chemerinsky

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Book Review: Behind Bakke: Affirmative Action and the Supreme Court. by Bernard Schwartz., Daniel O. Conkle

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Canada's Roe: The Canadian Abortion Decision and Its Implications for American Constitutional Law and Theory., Daniel O. Conkle

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The Illegality of Bad Grammar, Laura J. Cooper

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God and Gadamer: Politics and Conflict in the Heavenly Family, Richard Delgado and John Kidwell

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Book Review: Federalism: The Founders' Design. by Raoul Berger., Donald O. Dewey

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Free Speech and Modern Republican Government., Murray Dry

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Abortion After Webster, Daniel A. Farber

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Book Review: The Fourteenth Amendment: from Political Principle to Judicial Doctrine. by William E. Nelson., Daniel A. Farber

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The Bush Court, Daniel A. Farber

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The "Unwritten Constitution" and the U. C.C., Daniel A. Farber

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Book Review: The Boss: J. Edgar Hoover and the Great American Inquisition. by Athan G. Theoharis and John Stuart Cox; the Party of Fear: from Nativist Movements to the New Right in American History. by David H. Bennett; Kelley: The Story of an FBI Director. by Clarence M. Kelley and James Kirkpatrick Davis; Donnie Brasco: My Undercover Life in the Mafia. by Joseph D. Pistone with Richard Woodley; Spy Vs. Spy: Stalking Soviet Spies in America. by Ronald Kessler; the Spy Who Got Away: The Inside Story of Edward Lee Howard, the Cia Agent Who Betrayed His Country's Secrets and Escaped to Moscow. by David Wise., David J. Garrow

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Book Review: Law & Literature: A Misunderstood Relation. by Richard A. Posner., Lino A. Graglia

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A Footnote to "Penumbra" in Griswold V. Connecticut., Henry T. Greely

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Book Review: Constitutional Faith. by Sanford Levinson., Herbert Hovenkamp