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The Federalist Society Review is the legal journal of the Federalist Society. The Review is published on the Federalist Society’s website,, and articles are available on the Westlaw and Lexis Nexis legal databases. The Review seeks to publish articles that display excellent scholarship, that are well-written and concise, and that interact in good faith with opposing views. We welcome submissions, responses, and questions at [email protected].

You can read articles from Volume 24 by downloading the full PDF (the orange PDF button above) or by clicking on one of the articles listed below (PDFs are available on individual article pages too). 

Table of Contents

A Cord of Three Strands: How Kennedy v. Bremerton School District Changed Free Exercise, Establishment, and Free Speech Clause Doctrine, Kayla A. Toney, Stephanie N. Taub [Briefly video]

Remedying Criminal Trial Errors: Retrial or Acquittal in Smith v. United States?, Paul J. Larkin, Charles D. Stimson

Text-and-History or Means-End Scrutiny? A Response to Professor Nelson Lund’s Critique of Bruen, Stephen P. Halbrook

Originalism Carries On, Donald A. Daugherty, reviewing Erwin Chemerinsky’s A Momentous Year in the Supreme Court: October Term 2021

Textualism in Alabama, Jay Mitchell

Is Congress a Salvageable Institution?, Ted Hirt, reviewing Philip A. Wallach’s Why Congress

Hispanic-Serving Institutions and Emerging Constitutional Issues, Alexander Heideman

The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, Why We Should Declare Peace, Tammy D. McCutchen, Alexander MacDonald

What Is Conservative Constitutionalism? A Fractured History Reveals an Uncertain Path Forward, Bradley C.S. Watson, reviewing Johnathan O’Neill’s Conservative Thought and American Constitutionalism Since the New Deal

The Peculiar Case of the Israeli Legal System, Yonatan Green

Groff v. DeJoy: The Death of the “De Minimis” Test Breathes Life Back into Religious Accommodation, Sarah E. Child

The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board, Alexander MacDonald

Religious Liberty Pragmatism, Nick Reaves, Matthew Krauter, reviewing Thomas C. Berg’s Religious Liberty in a Polarized Age

The False Doctrine of Inherent Sovereign Authority, Robert G. Natelson

A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government, Johnathan O’Neill

Establishing an Agreement to Disagree About Church and State, Donald Drakeman, reviewing Nathan Chapman and Michael McConnell’s Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience


Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at [email protected].