Topic
Constitutional Law
Posts
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ArticleVol. 103 · Iss. 6
Against Doctrinal Siloing: Harmonizing Fiscal Federalism and the U.S. Constitution
Introduction The founders have been credited with “splitting the atom of sovereignty” in creating our federal system. Yet this revolutionary achievement has fractured into…
David Gamage & Darien Shanske -
ArticleVol. 103 · Iss. 6
The Origination Clause and the President’s Tariffs
Abstract The President’s dramatic use of tariffs has unleashed a host of constitutional and statutory interpretation challenges that promise to make new law. In…
Susan C. Morse, Shu-Yi Oei & Diane M. Ring -
ArticleVol. 103 · Iss. 6
Tariffs and the Taxing Power: Historical Lessons for Major Questions and Nondelegation
Abstract American law is grappling with basic questions about the President’s power to impose tariffs—questions concerning whether Congress can delegate this authority, and the…
Conor Clarke & Ari Glogower -
ArticleVol. 103 · Iss. 6
Public Functions and Private Resources
Abstract At the federal level, the boundary between public and private functions is under pressure. On top of longstanding trends toward privatizing government functions…
Zachary S. Price -
ArticleVol. 103 · Iss. 6
The Missing Constitutional Law of Executive Conditions
Abstract This Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from…
Nicole Huberfeld & Matthew B. Lawrence -
ArticleVol. 103 · Iss. 5
White House Inspection
Abstract Attempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and…
Jonathan David Shaub -
Online2026
Race as Evidence: The Historical Racial Nexus and Equal Protection
This Essay accepts strict scrutiny as the constitutional terrain within which race-conscious policy must operate and builds a refined framework for equal protection analysis:…
Lisa Owens -
ArticleVol. 103 · Iss. 3
“Original History” and the Free Exercise Case for Religious Charter Schools
Only rarely is it publicly known which Supreme Court Justice holds the decisive vote on a blockbuster issue because the other eight have already…
Aaron Tang & Ethan Hutt -
Online2025
The Wrong Level of Generality: Misapplying Bruen to Young-Adult Firearm Rights
Three relatively recent appellate opinions—McCoy v. ATF, National Rifle Ass’n v. Bondi, and Rocky Mountain Gun Owners v. Polis—upheld modern restrictions on 18-to-20-year-old adults’…
George A. Mocsary -
ArticleVol. 103 · Iss. 2
Constitutional Private Law
Constitutional private law is like ordinary private law. It imposes relational obligations on government officials, like duties to use only reasonable force against a…
E. Garrett West -
ArticleVol. 102 · Iss. 6
Minor v. Happersett, Dobbs v. Jackson Women’s Health Organization, And the Supreme Court’s Refusal to Reconstruct America
One hundred and fifty years ago, in the wake of the ratification of the Reconstruction Amendments, the United States Supreme Court decided Minor v.…
Henry L. Chambers, Jr. -
ArticleVol. 102 · Iss. 6
A “New” New Departure
In the wake of enactment of the Fourteenth and Fifteenth Amendments, women’s rights activists embarked on an exercise in popular constitutionalism known as “the…
Paula A. Monopoli