My review of Adrian Vermeule's new book Common Good Constitutionalism in the Claremont Review of Books is now posted. You can download it here. There was more in the ...

In recent years, allegiance to the constitutional theory known as originalism has become all but mandatory for American legal conservatives. Every justice and almost every judge nominated by recent ...

Abstract: The idea of an “Internet Bill of Rights” is by no means a new one: in fact, serious efforts to draft such a document can be traced at least as far back as the mid-1990s. Though the form, ...

The Supreme Court emphasized that constitutionalism should not be overshadowed by majoritarian views in a democracy and that ...

Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question ...

In the Constitution, conservatives have found a potent symbol. For decades, Democrats and Republicans fought over who owns the American flag. Now, they’re fighting over who owns the Constitution. The ...

Why do so many of President Trump’s multitudinous executive orders fly in the face of extant legal principles? Are they the result of incompetence? Is the administration laying the groundwork for test ...

Daniel Lansberg-Rodriguez directs entrepreneurial development programs for the Sucre municipal government in Caracas, Venezuela. He is a graduate of Carleton College and the Harvard Kennedy School.

Underlining that majoritarianism cannot trump constitutionalism in a constitutional democracy, the Supreme Court on Wednesday said courts can interfere if practices violate “public order, morality or ...