The “Common-Good” Manifesto
Vol. 136 No. 3
In Common Good Constitutionalism, Professor Adrian Vermeule expounds a constitutional vision that might “direct persons, associations, and society generally toward the common good.” The...
Constitutional Law
Discrimination Blocking: A New Compelling Interest for Affirmative Action
Vol. 136 No. 2
In 1951, a promising young student submitted his application to the School of Theology at Boston University. His application was compelling but contained a...
Notwithstanding the Right to Strike: A Canadian Province Defies the Constitution — And Workers Strike Back
The “Notwithstanding Clause,” the common name for section 33 of Canada’s Charter of Rights and Freedoms—the country’s constitutional bill of rights—authorizes time-bound legislation that...
The Roberts Court’s Structural Incrementalism
Forum response to Professor Sohoni's Comment
Response to The Major Questions Quartet
Vol. 136 No. 1
The Imperial Supreme Court
Vol. 136 No. 1
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the...
City of Austin v. Reagan National Advertising of Austin, LLC
Vol. 136 No. 1
Imagine three kinds of statutes: The first limits only signs displaying political messaging. The second restricts only signs directing passersby to nearby events. And...
Denezpi v. United States
Vol. 136 No. 1
The Fifth Amendment’s Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the “same offence.” Under the dual-sovereignty doctrine, the Supreme Court...
The Major Questions Quartet
Comment on Alabama Ass’n of Realtors, National Federation of Independent Business, Biden v. Missouri, and West Virginia v. EPA
Vol. 136 No. 1
FEC v. Ted Cruz for Senate
Vol. 136 No. 1
Candidates for federal office may loan an unlimited amount of their own money to their campaign committees. However, under section 304 of the Bipartisan...
Three Hail Marys: Carson, Kennedy, and the Fractured Détente over Religion and Education
Comment on Carson v. Makin and Kennedy v. Bremerton School District
Vol. 136 No. 1