For forty years, American constitutional theory has been viewed as a clash between originalists and non-originalists. This depiction misunderstands and oversimplifies the nature of the debate within ...

Ninth Amendment—Unenumerated Rights Crushed by Government Power. The Ninth Amendment affirms that the people retain rights ...

For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on fundamental questions of justice and the good society. Theorists have ...

In Trump v. Slaughter, the court must decide on another core constitutional principle — separation of powers — which again will highlight the role that oversight plays as an institutional safeguard.

In 1987, the last time the Senate voted to reject a president’s pick for the Supreme Court, a constitutional theory seemingly went down with the nominee. Robert Bork, Ronald Reagan’s ill-fated choice, ...

Originalists and living constitutionalists have been hammering away at each other for decades. But, up until recently, most living constitutionalists at least agreed that originalism qualifies as a ...

Part II of The Collective-Action Constitution develops a collective-action theory of the Constitution's federal structure and identifies limits of this theory. Chapter Three examines the states' ...

Former federal appellate Judge J. Michael Luttig assailed his former law clerk John Eastman on Thursday for advancing a far-flung legal theory that the vice president had unilateral authority to ...

The Hollow Core of Constitutional Theory: Why We Need the Framers, by Donald L. Drakeman (Cambridge University Press, 248 pp., $32) Donald L. Drakeman’s 2020 book, The Hollow Core of Constitutional ...

Earlier this week, Donald Trump made two sweeping claims about his executive power under the Constitution. “When somebody’s the president of the United States, the authority is total,” he declared on ...

There is a correlation between constitution and disease. Individuals with unbalanced constitutions are more prone to developing particular diseases. Under the guidance of the traditional Chinese ...