The United States has reached a moment in its constitutional history when the Supreme
Court has asserted itself as not only one of, but the exclusive, audience to ask and answer …

Power and violence are opposites; where one rules absolutely, the other is absent. Violence
appears where power is in jeopardy, but left to its own course its end is the disappearance of …

This Article argues that the rise of the modern state was a necessary condition for the rise of
the business corporation. A typical business corporation pools together a large number of …

Since the nineteenth century, judges have recognized deportation as a penalty" beyond all
reason in its severity." 1 In Fong Yue Ting v. United States, the Chinese immigrant plaintiffs …

Nondelegation originalism is having its moment. For most of the past century, the Supreme
Court has refused to impose any meaningful constitutional limit on Congress's ability to …

There is a movement afoot in the United States to roll back the modern administrative state.
Two interactive reasons appear to be at play. First, there is the continuation of a decades-old …

Each year when I interview prospective law clerks, I ask this question:" If you could only
retain either the even or the odd amendments, which would you keep?" The answers have …

Us: America's Constitutional Conversation, 1760-1840, appeared in spring 2021 to both
scholarly2 and popular acclaim. Amar's" love letter to America"(p. 702), the first of a …

We have been struggling collectively through the pandemic since March 2020. The
upheaval wreaked by COVID-19 is unlike anything most of us had experienced previously …

Abstract" Separate but equal" legally sanctioned segregation in public schools until Brown.
Ever since, separate but free has been the prevailing dogma excusing segregation. From" …