Articles
Banning America's Rifle: An Assault on the Second Amendment?
The AR-15 rifle has aptly been called “America’s Rifle.” It is the most popular rifle...
Religious Schools, Collective Bargaining, & the Constitutional Legacy of NLRB v. Catholic Bishop
It would be difficult to find a corner of American labor law more anomalous than...
If the Framers Despaired, Should We?
A review of Fears of a Setting Sun: The Disillusionment of America’s Founders, by Dennis...
In the Rush to Reform, Prudence Is Among the Highest Duties: How to Responsibly Reform Cash Bail
Over the last two decades, the politics of American criminal law has made strange bedfellows....
Originalism as King
A review of The President Who Would Not Be King: Executive Power under the Constitution,...
We Are Free for a Reason
A review of Free to Believe: The Battle Over Religious Liberty in America, by Luke...
Last Hurrah for the Minimalist Court?
A review of SCOTUS 2020: Major Decisions and Developments of the U.S. Supreme Court, edited...
Should the Supreme Court Take Note of “Th’ Iliction Returns” Next Time It Addresses Race-Preferential Admissions Policies?
“[N]o matter whether th’ constitution follows th’ flag or not, th’ Supreme Court follows th’...
Empowering the “Honest Broker”: Lessons Learned from the National Security Council Under President Donald J. Trump
On September 18, 2019, Robert O’Brien took over as President Donald J. Trump’s National Security...
How the Founders’ Natural Law Theory Illuminates the Original Meaning of Free Exercise
In Fulton v. City of Philadelphia, the Supreme Court will consider whether Philadelphia’s 2018 policy...
The Establishment Clause: Its Original Public Meaning and What We Can Learn From the Plain Text
Modern times in church-state relations began in 1947 with the Supreme Court’s decision in Everson...
Bureaucracy With Bumper Guards: Better Than It Rules?
A review of Law & Leviathan: Redeeming the Administrative State, by Cass Sunstein & Adrian...
Public Contracting Litigation After Croson: Data, Disparities, & Discrimination
What causes racial disparities, and what, if anything, can and should be done to remedy...
Hamlet Without the Prince
A review of The Second Founding: An Introduction to the Fourteenth Amendment, by Ilan Wurman...
Federalist Society Review, Volume 21
The Federalist Society Review is the legal journal produced by the Federalist Society for Law & Public...
Open Questions in Lieu v. Federal Election Commission: Due Process, Adverseness, & Article III Standing
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Can Originalism Constrain the Imperial Presidency?
A review of The Living Presidency: An Originalist Argument Against Its Ever-Expanding Powers, by Saikrishna...
The Accidental Defender of the Constitution
A Review of Defender in Chief: Donald Trump’s Fight for Presidential Power, by John Yoo,...