Tradition. It’s the talk of the town — especially in originalist circles. But what role should it play in constitutional argument? Even fellow originalists...
Vol. 137 No. 8 Money in politics. It’s an old problem, seemingly overwritten and unsolvable. Campaigns grow more expensive. Politicians genuflect to large corporate donors. And after Citizens...
Vol. 137 No. 8 Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and...
On May 16th, the Supreme Court handed down CFPB v. Community Financial Services Association of America, rejecting the Fifth Circuit’s conclusion that the CFPB’s...
Vol. 137 No. 7 Introduction The constitutional settlement of the United States is coming undone at the seams. The U.S. Supreme Court is on a crusade to revisit...
Vol. 137 No. 7 For digital images of the original records used in this Article and further information about bail in the Founding Era, please visit bailatthefounding.net. Abstract...
Vol. 137 No. 7 On the penultimate day of its October 2019 Term, the Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau, declaring that the...