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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.

Recent Content

History vs. Originalism: The Bill Comes Due
Stephen M. Griffin

Making Sense of 303 Creative: A Free Speech Solution in Search of a Problem
David S. Schwartz

Does a Removal Power Exist?: Joseph Story and Selective Living Originalism
David M. Driesen

Front Matter
Editors

Constitutionalism's Wrong Turn: Legal rather than Political Supremacy
Brian Christopher Jones

Tempering Arbitrary Power: A Moral Theory of the Rule of Law
Brian Z. Tamanaha

It Doesn't Matter What "Interpretation" Is
Francisco J. Urbina

Clause Essentialism and the Third Reconstruction
Anthony Michael Kreis

Melnick Misses Milliken
Myron Orfield

"Critical Legal Studies, Again?" "Again and Again!"
Evan D. Bernick

What Is an Establishment of Religion? And What Does Disestablishment Require?
Vincent Phillip Munoz

The Paradoxes of a Unified Judicial Philosophy: An Empirical Study of the New Supreme Court: 2020-2022
Victoria Nourse

Commerce in the Balance
Andrew Jordan

The Constitution, the Leviathan, and the Common Good
Steven D. Smith

The Mixed Legacy of the January 6 Investigation for Executive Privilege and Congressional Oversight
Jonathan D. Shaub

Impeachment, Free Speech, and the Cancel Culture Narrative
Heidi Kitrosser

The January 6 Insurrection and the Problem of Constitutional Guardianship
Aziz Z. Huq

Political Liberalism and Liberalism's Politics
Conor Casey

Self-Coup and the Constitution
Daniel J. Hemel

To Save Democracy from Juristocracy: J.B. Thayer and Congressional Power After the Civil War
Samuel Moyn and Rephael G. Stern

January 6, Ambiguously Inciting Speech, and the Overt-Acts Rules
Alan Z. Rozenshtein and Jed H. Shugerman

Breaking Down Bigotry
Amy J. Sepinwall

A Quota By Any Other Name?
James Allen

"Originalist" Justices and the Myth That Article III "Cases" Always Require Adversarial Disputes
Robert J. Pushaw Jr.

After Words
Akhil Reed Amar

Four Privacy Stories and Two Hard Cases
Jessica Silbey

Reconsidering the Constitution's Preamble: The Words That Made Us U.S.
David S. Schwartz

The Reign of Constitutional Positivism: Revolution Reconceived in the New Constitutional Age
Ming-Sung Kuo

The Words That Made Us Listen to One Another
Haley N. Proctor

Law Between Optimality and Normativity
Massimo La Torre

The Words That Made Original Jurisdiction
James E. Pfander

The Battle Over Rights is the Problem but Judges are not the Solution
Eric J. Segall

Constitutional Small Talk
Jason Mazzone

Unprecedented Precedent: The Case Against Unreasoned "Shadow Docket" Precedent
Cole Waldhauser

Amar's Words That Made Us
Michael J. Gerhardt

A Positivist, Baseball-Centric Critique of Originalism
William D. Blake

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