Are Constitutional Texts so Indeterminate that We Cannot Interpret Them?

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...

For the Balkinization Symposium on Neil S. Siegel, The Collective-Action Constitution (Oxford University Press, 2024)

Neil Siegel has written a grand...

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...

In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove...

The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution...

Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...

In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...

Does the U.S. Constitution protect the affirmative right to vote? Those focusing on the Constitution’s text say no. Yet, the Supreme Court has treated...

In their article, The “Free White Person” Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel J. Chin and Paul Finkelman make a...

The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage if the Supreme Court overrules...

These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of US political scientists, a new generation of...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make...

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...