The Costs and Elusive Gains of Complementarities: A Response to Ethan J. Leib & Christopher S. Elmendorf, Why Party Democrats Need Popular Democracy and Party Democrats Need Parties

Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...

A distinct set of six institutions and traditions makes the country hard to subjugate to an authoritarian’s will.

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

Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...

Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar...

A politically powerful opponent of birthright citizenship railed that the United States cannot “give up the right” to “expel” dangerous “trespassers”...

Curtis Bradley’s new book on Historical Gloss and Foreign Affairs is the definitive account of a mode of constitutional interpretation that has proven...

Individual duties—like the responsibility to defend the country, pay taxes, or obey the law—are frequently included in national constitutions, but...

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

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...