A constitution is a set of fundamental principles, norms, and laws that govern a political or other organization. The term can refer either to a body of rules and practices that establish the elements of government and allocate government power, or to a foundational written document designed to do the same. Modern national written constitutions generally contain several key elements, including a bill of rights, a division of powers between government entities, and a claim to supremacy over other sources of internal law. The primary functions of constitutions may include intra-government coordination, rule precommitment, solidifying power, articulating national identity, and signaling to international audiences.
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
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...
At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...
Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...
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...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...
Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...
Although ethical critiques of markets are longstanding, modern academic debates about the “moral limits of markets” (MLM) tend to be fairly limited in...
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...
This chapter reflects on whether and how large-N empirical studies can help our understanding of constitutional identity. It argues that although we...
Many analyses of law take an unsentimental, perhaps even cynical view of regulated actors. On this view, law is a necessity borne of people’s selfish...