Constitutional Commentary

Volume 21

Vol. 21: Iss. 1

Secrecy and Dishonesty: The Supreme Court, Racial Preferences, and Higher Education

Tacking Left: A Radical Critique of Grutter

International Human Rights Law Perspective on Grutter and Gratz

Racial Integration as a Compelling Interest

Jim Crow's Long Goodbye

The Dark Side of Grutter

After Grutter v. Bollinger: Revisiting the Desegregation Era from the Perspective of the Post-Desegregation Era

The Last Twenty Five Years of Affirmative Action?

Grutter or Otherwise: Racial Preferences and Higher Education

In Defense of Deference

Affirmative Refraction: Grutter v. Bollinger Through the Lens of the Case of the Speluncean Explorers

Vol. 21: Iss. 2

Fixing the Constitutional Absurdity of the Apportionment of Direct Tax

Progressive Political Theory and Separation of Powers on the Burger and Rehnquist Courts

Interpreting the Sixteenth Amendment (By Way of the Direct-Tax Clauses)

Democracy as Civic Conversation

Resolving Political Questions into Judicial Questions: Tocqueville's Thesis Revisited

The Constitutionality of the Filibuster

Shards of Citizenship, Shards of Sovereignty: on the Continued Usefulness of an Old Vocabulary

Constitutional Law as "Normal Science"

The Conceptual Jurisprudence of the German Constitution

Vol. 21: Iss. 3

(So) What If It's All Just Rhetoric?

Reynolds v. United States: The Historical Construction of Constitutional Reality

English Constitutionalism Circa 2005, or, Some Funny Things Happened After the Revolution

The Political Battle for the Constitution

Tahoe's Requiem: The Death of the Scalian View of Property and Justice

Book Review of Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism

Being Proportional About Proportionality