Constitutional Commentary

Volume 20

Vol. 20: Iss. 1

How "Decentralization" Rationalizes Oligarchy: John McGinnis and the Rehnquist Court

Judicial Sovereignty: The Legacy of the Rehnquist Court

On the Waterfront: Cheese-Eating, Huac, and the First Amendment

Decentralizing Constitutional Provisions Versus Judicial Oligarchy: A Reply to Professor Koppelman

Mother May I? Imposing Mandatory Prospective Rules of Statutory Interpretation

"Sir, Yes, Sir!": The Courts, Congress, and Structural Injunctions

The Court and the Empire

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

The Federalist Papers and the Bill of Rights

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

Vol. 20: Iss. 2

Judicial Supremacy and Its Discontents

The Importance of Being Final

Not the King's Bench

Interpretative Equality as a Structural Imperative (Or "Pucker Up and Settle This!")

The Lame Ducks of Marbury

Marbury and the Retreat from Judicial Supremacy

Constitutional Rules, Constitutional Standards, and Constitutional Settlement: Marbury v. Madison and the Case for Judicial Supremacy

Marbury's Wrongness

The Office of the Oath

What Are the Facts of Marbury v. Madison?

The Marbury of 1803 and the Modern Marbury

Vol. 20: Iss. 3

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

Homage to Clio: The Historical Continuity from the Articles of Confederation into the Constitution

How Many Spouses Does the Constitution Allow One to Have?

Telling Stories for Liberty

Searching for the Peaceable Kingdom

American Democracy: A Model Oxymoron or Who Knew the Constitution Enshrined Affirmative Action for States?

The Dimension of the Supreme Court

Recess Appointments and an Independent Judiciary

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