Constitutional Law

Reforming the Electoral Count Act, Safeguarding the Vote

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Summer 2022 | Volume 106 Number 2

At the invitation of the leaders of The American Law Institute (ALI), a group of legal experts representing a range of legal and political views has developed a slate of […]

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Person walking on tightrope of cartoon bombs

Tightrope Act: Can new FISA court reforms address privacy concerns without impeding anti-terrorism efforts?

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Autumn 2015 | Volume 99 Number 2

Although the revamping of bulk data-collection practices dominated headlines about the passage of the USA Freedom Act in June, the new law also contained reforms of the Foreign Intelligence Surveillance Court […]

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Washington's Annotated Copy of a Draft of the U.S. Constitution

Designing Constitutions for a Lasting Democracy

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Judicature International | 2021-2022

Donald L. Horowitz, a leading expert in constitutional law, talks with Elisabeth Perham about what it takes to craft a successful modern-day constitution.

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A Dozen Canons of Statutory and Constitutional Text Construction

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Autumn 2015 | Volume 99 Number 2

Supremacy-of-Text Principle. The words of a governing text are of paramount concern, and what they convey, in their context, is what the text means. Principle of Interrelating Canons. No canon of interpretation […]

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Book Review: Madison’s Music

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Autumn 2016 | Volume 100 Number 3

In Madison’s Music: On Reading the First Amendment, Burt Neuborne, the Inez Milholland Professor of Civil Liberties and the founding legal director of the Brennan Center for Justice at NYU Law School, […]

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The Future of the U.S. Presidency

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Spring 2021 | Volume 105 Number 1

What will be the legacy of the Trump presidency? Was this administration uniquely tumultuous because of Donald Trump’s personality and beliefs? Or are there other external forces or circumstances at […]

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Why We Read the Scalia Opinion First

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Spring 2017 | Volume 101 Number 1

Writing about Justice Antonin Scalia’s writing is a daunting project indeed. The Justice plainly had a gift that is perhaps better savored than analyzed. As one privileged to be his […]

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Foundations of U.S. Federalism

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Spring 2017 | Volume 101 Number 1

What precisely is American federalism? In their seminal work on federal jurisdiction, Felix Frankfurter and Wilber Katz allude to a “dynamic struggle” between federal and state power, the ebb and […]

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Empty Chairs

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Fall/Winter 2020–21 | Volume 104 Number 3

The sudden deaths of United States Supreme Court Associate Justice Ruth Bader Ginsburg and Associate Justice Antonin Scalia ignited political firestorms regarding the appropriate timeline for confirming a new justice […]

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Reforming the Presidency: How Far is Far Enough?

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Fall/Winter 2020–21 | Volume 104 Number 3

Donald Trump will soon leave the White House. And when he does, Bob Bauer and Jack Goldsmith tell us, reform is in order. Trump’s attacks on institutions and political opponents, […]

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