Commentary

Was Friedrich Hayek an Originalist? [POLICYbrief]

Michael B. Rappaport

Short video featuring Michael Rappaport

Did Friedrich Hayek view the Constitution through the lens of originalism? Professor Michael Rappaport, Director...

John Marshall: The Man Who Made the Supreme Court [POLICYbrief]

Richard Brookhiser

Short video featuring Richard Brookhiser

What impact did Chief Justice John Marshall have on the burgeoning Supreme Court in the...

Washington State Department of Licensing v. Cougar Den Inc. - Post-Decision

Thomas F. Gede

SCOTUScast featuring Tom Gede

On March 19, 2019, the Supreme Court decided Washington State Department of Licensing v. Cougar...

The Many Issues Raised by Senator Warren's Wealth Tax

J. Kennerly Davis

Senator Warren, as a part of her presidential campaign, has proposed that a federal wealth...

What Is Magna Carta? [No. 86]

Charles R. Eskridge

Short video featuring Charles Eskridge

When King John signed Magna Carta in 1215, he was responding to the demands of...

The Tenacity of Transformation Theory, and Why Constitutional History Deserves Better

Stephen B. Presser

Federalist Society Review, Volume 20

A review of The Second Creation: Fixing the American Constitution in the Founding Era, by...

Young Legal Scholars Paper Presentations

Lawrence Alexander, Vincent Buccola, Paul Crane, Richard A. Epstein, Jennifer L. Mascott, Lance Sorenson, Lael Weinberger, Ilan Wurman

21st Annual Federalist Society Faculty Conference

On January 3, 2019, the Federalist Society hosted the Young Legal Scholars Paper Presentations. The...

Young Legal Scholars Paper Presentations

Lawrence Alexander, Vincent Buccola, Paul Crane, Richard A. Epstein, Jennifer L. Mascott, Lance Sorenson, Lael Weinberger, Ilan Wurman

21st Annual Federalist Society Faculty Conference

On January 3, 2019, the Federalist Society hosted the Young Legal Scholars Paper Presentations. The...

Stare Decisis: What Is Stare Decisis? [No. 86]

Roger Pilon

Short video featuring Roger Pilon

The Latin term “stare decisis” may be translated literally as “to stand by decided matters.”...

Defending Substantive Due Process on Originalist Grounds

Devin Watkins

Evan Bernick and Randy Barnett have written a wonderful paper called “No Arbitrary Power: an...