Constitutional Commentary

Volume 27

Vol. 27: Iss. 1

The Interpretation/Construction Distinction in Constitutional Law: Annual Meeting of the AALS Section on Constitutional Law: Introduction

Why Jack Balkin Is Disgusting

The Supreme Court's Declining Plenary Docket: A Membership-Based Explanation

Constructing the Constitutional Canon: The Metonymic Evolution of Federalist 10

Specifying Constitutional Rights

Constructing a New American Constitution

Telepathic Law

The Constitutional Interpretation/Construction Distinction: A Useful Fiction

The Interpretation-Construction Distinction

An Almost Archeological Dig: Finding a Surprisingly Rich Early Understanding of Substantive Due Process

The Vanity of Dogmatizing

Constitutional Constructions and Constitutional Decision Rules: Thoughts on the Carving of Implementation Space

Reply to Koppelman: Originalism and the (Merely) Human Constitution

Vol. 27: Iss. 2

A Thinker-Based Approach to Freedom of Speech

Autonomy and Free Speech

Speech Restrictions that Don't Much Affect the Autonomy of Speakers

Court-Packing and the Child Labor Amendment

Free Speech and Political Legitimacy: A Response to Ed Baker

Seana Shiffrin's Thinker-Based Theory of Free Speech: Elegant and Insightful, But Will It Work in Practice?

There Is No First Amendment Overbreadth (But There Are Vague First Amendment Doctrines); Prior Restrains Aren't "Prior"; and "As Applied" Challenges Seek Judicial Statutory Amendments

Seana Shiffrin's Thinker-Based Freedom of Speech: A Response

Reply to Critics

Freedom of Speech and Two Types of Autonomy

Free Speech and Autonomy: Thinkers, Storytellers, and a Systematic Approach to Speech

Comment on Baker's Autonomy and Free Speech

Comment on Shiffrin's Thinker-Based Approach to Freedom of Speech

Individual Autonomy and Free Speech: Editor's Note

Constitutionalism in the United Kingdom

Vol. 27: Iss. 3

On Being "Bound Thereby"

Common Law Constitutional Interpretation: A Critique

Constitutional Hypocrisy

The Extraterritorial Constitution and the Rule of Law

Growing a Constitution

Should We Have a Liberal Constitution?

Abolishing Judicial Review

The Constitution and the Political Community

Our Perfect, Perfect Constitution

Four Constitutional Limits that the Minimum Coverage Provision Respects

So Much to Rewrite, So Little Time....