Distinguished Research Professor, Center for Citizenship and Constitutional Government, University of Notre Dame
Donald L. Drakeman is Distinguished Research Professor in the Center for Citizenship and Constitutional Government at the University of Notre Dame, and a Fellow of the Centre for Health Leadership and Enterprise at the University of Cambridge. His writings have been cited by the Supreme Courts of the United States and the Philippines. He has published seven books, including The Hollow Core of Constitutional Theory (Cambridge University Press, 2021), Why We Need the Humanities (Palgrave, 2016), and Church, State, and Original Intent (Cambridge University Press, 2010). He received an A.B. magna cum laude from Dartmouth College; a J.D. from Columbia Law School, where he was a Harlan Fiske Stone Scholar; and a Ph.D. from Princeton University. He is a Fellow of the Royal Historical Society, and he was the founding chair of the Advisory Council for the James Madison Program on American Ideals and Institutions at Princeton University.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Forgotten Founders Episode 1: Roger Sherman
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Forgotten Founders — Rediscovering the Patriots Who Shaped America
Every American knows the names Washington, Jefferson, and Franklin. But what about the other patriots...
Topics
Louisiana's Ten Commandments Statute and the Establishment Clause
On June 19, 2024, the governor of Louisiana signed into law House Bill No. 71....
Establishing an Agreement to Disagree About Church and State
Donald L. Drakeman
A review of Nathan Chapman & Michael McConnell, Agreeing to Disagree: How the Establishment Clause...
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The Northwest Ordinance: Historically Significant, Still Relevant
Happy birthday to the Northwest Ordinance, which the Articles of Confederation Congress enacted on July...
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Originalism’s Still Around, No Matter What Adrian Vermeule Says
I was taken aback when I read Adrian Vermeule’s recent Washington Post op-ed, which alleges...
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
In Google v. Oracle, the Supreme Court Should Protect Copyright in the Tech Industry
From Mark Twain to Marvel Comics to Microsoft Windows, America has a rich history of...
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The Bladensburg WWI Memorial Cross
On February 27, 2019, the Supreme Court of the United States heard oral argument in...
“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources
Robert G. Natelson
Note from the Editor: This article discusses the proper interpretation of the Constitution’s Advice and...