Statesmanship and the Court

Kyle N. Shen is a graduate student in the department of government at The University of Texas at Austin. (1) From the non-legal scholar’s perspective, the focus of the leaked draft opinion for Dobbs v. Jackson Women’s Health Organization are the immediate policy outcomes. (2) Whether pro-life or pro-choice, surely the first response is to … Continue reading Statesmanship and the Court

The Abortion Decision and Civic Literacy

I had the purely coincidental experience of teaching today both Roe and Casey in my Constitutional Experience course required of all Baylor students, so there are 250 of them in my class. That in combination with my browsing of Twitter (I’m on it too much now) convinces me that this decision illustrates well that we … Continue reading The Abortion Decision and Civic Literacy

Judicial Leaking Nineteenth Century Style

Mark A. Graber is Regent Professor at the University of Maryland. James Buchanan’s inaugural address urged fellow Americans to allow the Supreme Court to resolve controversies over the status of slavery in American territories.  Anticipating the claim made one hundred and thirty years later in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) that “the … Continue reading Judicial Leaking Nineteenth Century Style

Normalizing the Abnormal: American Constitutionalism and the Routinization of Emergency

Ben Peterson is an assistant professor of political science at Abilene Christian University.  The United States is in a state of emergency—several in fact. As of this writing, the country is in a state of emergency with respect to 41 issues, and emergency orders remain active in 21 states. One emergency, based on the frequently … Continue reading Normalizing the Abnormal: American Constitutionalism and the Routinization of Emergency

President Biden Needs a Covid Plan

Charles U. Zug is Assistant Professor of Political Science at the University of Colorado-Colorado Springs. Joe Biden began his presidency determined to replace the chaos, corruption, and ineptitude of the Trump Administration with deliberateness, transparency, and competence. He was especially concerned with understanding the nature and scope of the Covid-19 Pandemic, the most urgent challenge … Continue reading President Biden Needs a Covid Plan

Problem Judge

Following up on Ben’s post on the Florida District Judge ruling against the national mask mandate for public transportation, here is an illuminating analysis of her decision. This judge, nominated by Donald Trump, was confirmed after after President Biden was elected but before Biden was inaugurated. The ABA had deemed her “not qualified” for the … Continue reading Problem Judge

The District Court’s Nationwide Injunction Against Mask Mandates

In a far reaching decision, a District Court in Florida ruled today that President Biden did not have the statutory authority to issue his mask mandate for all travelers nationwide. In doing so, the Court claimed that its ruling had to include an immediate injunction against the nationwide enforcement of the mandate. In other words, … Continue reading The District Court’s Nationwide Injunction Against Mask Mandates

“Sleepy Joe” and the Need for Executive Energy

Benjamin A. Kleinerman is the R.W. Morrison Professor of Political Science at Baylor University. He is the Editor of The Constitutionalist.  “Energy in the executive is the leading character in the definition of good government.”—Alexander Hamilton, Federalist #70 It is not partisan to say that the Biden Presidency hasn’t lived up to the hopes of his supporters.  … Continue reading “Sleepy Joe” and the Need for Executive Energy

Upcoming Event

An event of interest to readers of The Constitutionalist. h/t Jeremy Fortier On March 30th CCNY will host a forum over Zoom to discuss Danielle Allen’s contributions to scholarship and public life. Speakers are Ryan Balot, Susan McWilliams Barndt, Jamelle Bouie, Simone Chambers, Roosevelt Montás, and Deva Woodly.  Details and registration information are available at this link, in … Continue reading Upcoming Event


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About The Constitutionalist

The Constitutionalist is dedicated to the intellectual and political work of constitutional democracy. Our authors are open to a range of political perspectives, but we are unified by a capacious understanding of the constitutional endeavor–namely, we believe that constitutions are sustained not only by law, but also by civil society and civic norms. Using our expertise in political philosophy, American political development, public law, and political culture and literature, we aim to foster conversation across disciplinary lines and beyond the confines of academia. We believe this kind of conversation is vital to the creation and maintenance of good constitutions. Though we are interested in what happens elsewhere, our primary focus is on the American experience.

The Jack Miller Center is a 501(c)(3) nonprofit organization dedicated to reinvigorating education in America’s founding principles and history, an education vital to thoughtful and engaged citizenship. They support professors and educators who share our mission, offering programs, resources, fellowships, and more to help them teach our nation’s students—from high school through college.