Topic
Constitutional Law
Posts
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Online2025
Birthright Citizenship of Child Born to Enemy Alien Visitors
This is the story of Mogridge v. United States, in which the United States asserted, and a multinational commission held, that a child born…
John Vlahoplus & Michael L. Rosin -
Online2025
Federal Enclaves: Critical Islands of Federal Jurisdiction Protecting the National Interest
The Framers of the new Constitution insisted upon a neutral situs for the federal government and the land it owns and operates that would…
Walter H. Boone, Jennifer J. Skipper, Demarcus McGee, Kye C. Handy & Balch & Bingham LLP -
ArticleVol. 101 · Iss. 5
The Debt Limit
Every couple of years, it seems, the debt limit shows up to wreak havoc in American law and public finance. By capping the face…
Conor Clarke -
ArticleVol. 101 · Iss. 3
“Religion,” Before Darwin
The First Amendment singles out “religion” for special treatment, but the boundaries of that concept have always been difficult to describe. Nevertheless, there is…
James Toomey -
ArticleVol. 101 · Iss. 1
The Territories Under Text, History, and Tradition
In two of its major decisions in the 2021–2022 Term, New York State Rifle & Pistol Ass’n v. Bruen and Dobbs v. Jackson Women’s…
Andrew Willinger -
ArticleVol. 100 · Iss. 3
The Disembodied First Amendment
Abstract First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything…
Nathan Cortez & William Sage -
ArticleVol. 100 · Iss. 2
House Rules: Congress and the Attorney-Client Privilege
Abstract In 2020, the Supreme Court rendered a landmark decision in Trump v. Mazars establishing four factors for determining the validity of congressional subpoenas…
David Rapallo -
ArticleVol. 100 · Iss. 1
Content Under Pressure
Abstract The government generally may not punish speakers based on the content of their speech. Or so the story goes. While American courts frequently…
Randy J. Kozel -
CommentaryVol. 99 · Iss. 2
Regulating Speech Online: Free Speech Values in Constitutional Frames
ABSTRACT Regulating speech online has become a key concern for lawmakers in several countries. But national and supranational regulatory efforts are being met with…
Claudia E. Haupt -
ArticleVol. 87 · Iss. 3
Does the Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel and Unusual?
There is a great struggle in the United States between proponents of the death penalty and death penalty abolitionists who believe that the practice…
Meghan J. Ryan -
ArticleVol. 88 · Iss. 6
Constitutional Precedents in Japan: A Comment on the Role of Precedent
In this Article, the author comments on the views of Professor Hiroshi Itoh about the approach of the Japanese Supreme Court towards constitutional precedents.…
Shigenori Matsui -
ArticleVol. 88 · Iss. 6
The Role of Precedent at Japan’s Supreme Court
The Article examines the use of precedents in the judicial decision making of the Japanese Supreme Court. It outlines the paradigms of the behavioral…
Hiroshi Itoh