Constitutional Commentary

Volume 35

Vol. 35: Iss. 1

Reconsidering the History of Judicial Review

Mastering the Cases and Delineating the Role of the Supreme Court

What We Did Not Know About Judicial Review: On Keith Whittington’s Repugnant Laws

How the Umpires Remake the Game

Ship-Money: The Case that Time and Whittington Forgot

The Cradle of the Countermajoritarian Difficulty

Vol. 35: Iss. 2

Against Historical Practice: Facing Up to the Challenge of Informal Constitutional Change

The Structure of Interpretive Revolutions

Originalism is a Successful Theory (in Part) Because of its Complexity: A Response to Professor Telman

Courts and Foreign Affairs: "Their Historical Role"

Liberalism and the Distinctiveness of Religious Belief

Who is to be Master: Accounting for how the Supreme Court Reads the American Constitution

Vol. 35: Iss. 3

Herein of "Herein Granted": Why Article I's Vesting Clause Does Not Support the Doctrine of Enumerated Powers

Lawyers and Historians Argue about the Constitution

Litigating Imperfect Solutions: State Constitutional Claims in Federal Court

Constituting a People: The Challenge of the Indian Founding

Sadomasochistic Judging