Publications

Impeachment: The Constitution’s Fiduciary Meaning of “High . . . Misdemeanors”

Robert G. Natelson

Federalist Society Review, Volume 19

Note from the Editor:  This article explores the meaning of the phrase “high . ....

Congress as Elephant

Saikrishna B. Prakash

Professor Sai Prakash has published a new Article I Paper in the Virigina Law Review,...

Extraterritorial Ambition: State Energy Taxes and the Question of Imported Electricity

Daniel Himebaugh

Federalist Society Review, Volume 19

Note from the Editor: This article discusses the extraterritoriality doctrine and whether and how it...

The Founders Interpret the Constitution: The Division of Federal and State Powers

Robert G. Natelson

Federalist Society Review, Volume 19

Note from the Editor:  This article surveys ratification-era statements by defenders of the proposed Constitution...

Regulating Under the Rule of Law

J. Kennerly Davis

Federalist Society Review, Volume 19

A review of: How to Regulate: A Guide for Policymakers, by Thomas A. Lambert (Cambridge...

FDA Poised to Spoil a Food Fight, Naturally

Gregory D. Cote

Federalist Society Review, Volume 19

Note from the Editor: This article argues that the FDA should define the term “natural”...

Counting to Two Thirds: How Close Are We to a Convention for Proposing Amendments to the Constitution?

Robert G. Natelson

Federalist Society Review, Volume 19

Note from the Editor:  This article argues that, in aggregating applications from states to call...

The Case for Political Appointment of Judges

Brian T. Fitzpatrick

Part 2: State Judicial Selection Series

This paper is the second in a series of papers commissioned by the Federalist Society on...

Towards an Administrative Rule of Lenity: Restoring the Constitutional Congress by Reforming Statutory Interpretation

Joel S. Nolette

Federalist Society Review, Volume 19

Note from the Editor: In this article, Joel Nolette proposes an “administrative rule of lenity”...

Privatization: Boon to Efficiency or Slow Motion Revolution?

Ted Hirt

Federalist Society Review, Volume 19

A review of: Constitutional Coup: Privatization’s Threat to the American Republic, by Jon D. Michaels...