Constitutional Commentary

Volume 37

Vol. 37: Iss. 1

Amar's Words That Made Us

Constitutional Small Talk

The Words That Made Original Jurisdiction

The Words That Made Us Listen to One Another

Reconsidering the Constitution's Preamble: The Words That Made Us U.S.

After Words

A Quota By Any Other Name?

Breaking Down Bigotry

Vol. 37: Iss. 2

A Positivist, Baseball-Centric Critique of Originalism

Unprecedented Precedent: The Case Against Unreasoned "Shadow Docket" Precedent

The Battle Over Rights is the Problem but Judges are not the Solution

Law Between Optimality and Normativity

The Reign of Constitutional Positivism: Revolution Reconceived in the New Constitutional Age

Four Privacy Stories and Two Hard Cases

"Originalist" Justices and the Myth That Article III "Cases" Always Require Adversarial Disputes

Vol. 37: Iss. 3

January 6, Ambiguously Inciting Speech, and the Overt-Acts Rules

Self-Coup and the Constitution

The January 6 Insurrection and the Problem of Constitutional Guardianship

Impeachment, Free Speech, and the Cancel Culture Narrative

The Mixed Legacy of the January 6 Investigation for Executive Privilege and Congressional Oversight

The Constitution, the Leviathan, and the Common Good

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