Constitutional Commentary

Volume 26

Vol. 26: Iss. 1

Publius for All of Us

Judicial Review and Judicial Duty: The Original Understanding

Judicial Character (And Does It Matter)

When and How U.S. Courts Should Cite Foreign Law

Originalism's Misplaced Fidelity: "Original" Meaning Is Not Objective

Vol. 26: Iss. 2

Taking Shari'a Seriously

Race, Religion and Nationality in Immigration Selection: 120 Years After the Chinese Exclusion Case

The Obama Administration, Fundamental Institutional Change, and the Constitutional Lawmaking System

Obama's Constitution: The Passive Virtues Writ Large

President Obama's Progress in Government Ethics

Vol. 26: Iss. 3

Bush and Obama Fight Terrorists Outside Justice Jackson's Twilight Zone

What Good Is Habeas?

State Secrets and Executive Accountability

Racheting Back: International Law as a Constraint on Executive Power

National Security and the Article Ii Shell Game

"A New Era of Openness?": Disclosing Intelligence to Congress Under Obama

Obama's Equivocal Defense of Agency Independence

Bush, Obama and Beyond: Observations on the Prospect of Fact Checking Executive Department Threat Claims Before the Use of Force

Preemption Choice in Context

Presidents, Preemption, and the States

The Unreviewable Executive: Kiyemba, Maqaleh, and the Obama Administration

Our Boggling Constitution: Or, Taking Text Really, Really Seriously