• Abraham Lincoln and Same Sex Marriage February 20, 2015
• The Wreckage of Obergefell October 19, 2016

Abortion

• Accusing Justice: Some variations on the Themes of Robert M. Covers Justice Accused 1989
• Abrogating Stare Decisis by Statute: May Congress Remove the Precedential Effect of Roe and Casey? 2000
• Killing Terri Schiavo 2005
• The Worst Constitutional Decision of All Time 2003
• Prospective Abolition of Abortion: Abortion and the Constitution in 2047 2007
• Exporting Death to Kenya April 16, 2010
• It's a Girl October 24, 2011
• The Unbearable Wrongness of Roe January 23, 2012
• Planned Parenthood v. Casey at Twenty: The Worst Constitutional Decision of All Time June 28, 2012
• Casey: Enduring, Entrenched, Intentionally Evil Egregious Error June 29, 2012
• The Right to Life and the Irrelevance of Rape September 11, 2012
• The Plausibility of Personhood 2013
• War on Women January 22, 2013
• Abortion and the Constitution in Another Forty Years: A Right to Life for 2053 January 25, 2013
• A Picture is Worth A Thousand Words: the Constitutional Soundness of Ultrasound Requirements December 16, 2013
• Kermit Gosnell and Uncle Tom's Cabin 2014
• Lady Edith and Abortion Rights March 17, 2014
• Men, Abortion, Sin, and Salvation April 30, 2014
• Five Provocative Pro-Life Proposals 2017
• Wrong On Every Count: William Watkins, Jr. on the Trinity Lutheran Case April 26, 2017
• The Constitutional Freedom Not to Promote Abortion March 20, 2018
• The Pro-Life Case Against Trump October 29, 2020
• Abortion as an Instrument of Eugenics 2021
• Repudiating Roe: Part I: The Most important abortion case in 30 years June 28, 2021
• Repudiating Roe: Part II: The Pernicious Doctrine of Stare Decisis June 29, 2021
• The Radical Wrongness of Roe October 2, 2021
• The One and Only Pro-Life Argument April 25, 2022
• Three Very Enthusiastic Cheers for the Dobbs May 6, 2022
• The Magnificence of Dobbs June 26, 2022
• The Legal Consequences of the Freedom of Choice Act January 9, 2025

Civil War Law

• The Civil War as Constitutional Interpretation 2004
• The Constitution of Necessity 2004
• The Emancipation Proclamation and the Commander in Chief Power 2006
• What Would Lincoln Do? A Test for the Roberts Court October 16, 2006

Constitutional Interpretation Methodology

• Book Review of Robert Burt - The Constitution in Conflict 1993
• The Many Faces of Judicial Restraint 1993
• Captain James T. Kirk and the Enterprise of Constitutional Interpretation: Some Modest Proposals From the Twenty Third Century 1995
• Is Bill Clinton Unconstitutional? The Case for President Strom Thurmond 1996
• Is West Virginia Unconstitutional? 2002
• The Interpretive Force of the Constitution's Secret Drafting History 2003
• Let's Mess With Texas 2004
• How to Interpret the Constitution (and How Not To) 2006
• Does the Constitution Prescribe Rules for its Own Interpretation? 2009
• Planned Parenthood v. Casey at Twenty: The Worst Constitutional Decision of All Time June 28, 2012
• The Text, the Whole Text, and Nothing But the Text So Help Me God: Un-Writing Amar's Unwritten Constitution 2014
• Everything You Need to Know about Constitutional Law May 19, 2015
• Citizens Unite! Part Two of Your Constitutional Primer May 20, 2015
• What are the Lessons of the Constitution's 225-Year History of Interpretation May 22, 2015
• The Great Interpreter October 2, 2015
• Constitutional Interpretation and the Impeachment Power July 5, 2018
• Originalism: A Logical Necessity September 13, 2018
• The Relevance and Irrelevance of James Madison to Faithful Constitutional Interpretation 2019
• Dead Framers Society 2023

Constitutional Law

• A General Theory of Article V: The Constitutional Lessons of the Twenty-seventh Amendment 1993
• Reverse Discrimination and Law School Faculty Hiring: The Undiscovered Opinion 1993
• Is Lloyd Bentsen Unconstitutional? 1994
• The Next Constitutional Convention: Rules for Congress and the Courts 1995
• Dirty Harry and the Real Constitution 1997
• Counting Heads on RFRA 1997
• Medium Rare Scrutiny 1998
• A Constitutional Independent Counsel State 2000
• Marbury's Wrongness 2003
• Killing Terri Schiavo 2005
• A Government of Adequate Powers 2008
• Our Perfect, Perfect Constitution 2011
• How to Count to Thirty-Four: The Constitutional Case for a Constitutional Convention 2011
• The Uselessness of Constitutional Law January 31, 2012
• The Unprecedented, Extraordinary, Anti-Democratic, Activist Power of Judicial Review April 23, 2012
• The Power to Destroy August 8, 2012
• 2014 Supreme Court Roundup November 1, 2014
• Exceptional Constitution, Exceptional Nation May 19, 2015
• America's Great Charter July 17, 2015
• Introducing the Constitution: A Conversation with Michael Paulsen August 17, 2015
• Scalia at St. Thomas: Closing Arguments February 18, 2016
• The Supreme Greatness of Justice Antonin Scalia March 15, 2016
• The Wreckage of Obergefell October 19, 2016
• Kevin Newsom's Insightful Take on The Slaughter-House Cases May 9, 2017
• Could Aaron Burr Have Been Impeached for the Duel? July 11, 2018
• The Original Meaning of High Crimes and Misdemeanors Part I August 8, 2018
• The Original Meaning of High Crimes and Misdemeanors Part II August 9, 2018
• Alexander Hamilton, The Federalist, and the Power of Impeachment August 15, 2018
• The Ratification-Era Understanding of "High Crimes and Misdemeanors" August 16, 2018
• The Sweep and Force of Section Three 2024
• Sweeping Section Three Under the Rug: A Comment on Trump v. Anderson 2025

Criminal Law and Civil Procedure

• Double Jeopardy Law After Akhil Amar: Some Civil Procedure Analogies and Inquiries 1995

Elections

• The Minnesota Recount was Unconstitutional January 15, 2009
• The Constitutional Power of the Electoral College May 24, 2017
• Objections to Impeachment, Part 3: Overturning the Result of an Election September 20, 2018

Foreign Affairs

• The Constitutional Power to Interpret International Law 2009
• Why Cotton's Letter Raised Eyebrows March 17, 2015
• The Interpretive Force of Alexander Hamilton's Early Expositions of Presidential Power 2026

Fun with Formalism

• 27th Amendment Ratifies that Constitution Works May 19, 1992
• The Case for a Constitutional Convention May 3, 1995

Impeachment

• Taking Impeachment Seriously as a Constitutional Check May 21, 2015
• The Constitutional Propriety of Impeaching the President February 23, 2018
• Taking Impeachment Seriously June 28, 2018
• Constitutional Interpretation and the Impeachment Power July 5, 2018
• Could Aaron Burr Have Been Impeached for the Duel? July 11, 2018
• Impeaching Judges: Some Preliminary and Prior Thoughts July 18, 2018
• The Propriety of Presidential Impeachments, Past and Present July 19, 2018
• The Original Meaning of High Crimes and Misdemeanors Part I August 8, 2018
• The Original Meaning of High Crimes and Misdemeanors Part II August 9, 2018
• Alexander Hamilton, The Federalist, and the Power of Impeachment August 15, 2018
• The Ratification-Era Understanding of "High Crimes and Misdemeanors" August 16, 2018
• Is Early Impeachment Practice Relevant to Original Meaning? August 24, 2018
• The Constitutional Categories of Impeachable Offenses August 30, 2018
• Objections to Impeachment, Part 1: The Specter of Abuse September 13, 2018
• Objections to Impeachment, Part II: The Specter of the "No Confidence" Vote September 14, 2018
• Objections to Impeachment, Part III: Overturning the Result of an Election September 20, 2018
• Objections to Impeachment: the Protest that "This Hasn't Been Our Practice," Part 1 October 10, 2018
• Objections to Impeachment: "This Hasn't Been Our Practice," Part 2 October 11, 2018
• The Constitutional and Moral Imperative of Immediate Impeachment January 8, 2021

• Accusing Justice: Some variations on the Themes of Robert M. Covers Justice Accused 1989
• Who "Owns" the Government's Attorney Client Privilege 1998
• Hell, Handbaskets, and Government Lawyers: The Duty of Loyalty and its Limits 1998
• Dead Man's Privilege: Vince Foster and the Demise of Legal Ethics 1999

Other First Amendment Issues

• The Doubtful Constitutionality of the Clinic Access Bill 1994
• A Funny Thing Happened on the Way to the Limited Public Forum: Unconstitutional Conditions on Equal Access for Religious Speakers and Groups 1996
• Scouts, Families, and Schools 2000
• Freedom of Speech at a Private, Religious University 2009
• Disaster: The Worst Religious Freedom Case in Fifty Years 2012
• The Constitutional Freedom Not to Promote Abortion March 20, 2018

Religious Freedom

• A Luxury...We Cannot Afford: Religious Freedom After the Peyote Case June 1, 1990

Religious Freedom and Religious Faith

• The First Amendment Religion Clauses: Two Sides of the Same Coin April 1, 1987
• Religion, Equality, and the Constitution: An Equal Protection Approach to Establishment Clause Adjudication 1986
• Protecting our Heritage of Religious Liberty 1991
• Lemon is Dead 1993
• A RFRA Runs Through it: Religious Freedom and the US Code 1995
• A Funny Thing Happened on the Way to the Limited Public Forum: Unconstitutional Conditions on Equal Access for Religious Speakers and Groups 1996
• Scalia's Sermonette 1997
• God is Great, Garvey is Good: Making Sense of Religious Freedom 1997
• How Yale Law School Trivializes Religious Devotion 1997
• Is St. Paul Unconstitutional 2006
• The Priority of God: A Theory of Religious Liberty 2013
• Is Religious Freedom Irrational? 2014
• The Unconscionable War on Moral Conscience 2016
• Where in the Constitution is "Separation of Church and State?" October 28, 2010
• Hosanna in the Highest January 13, 2012
• Obama's Contraception Cram-Down: The Pork Precedent February 21, 2012
• Vanderbilt's Right to Despise Christianity March 14, 2012
• The Most Important Religious Liberty Case of the Past Thirty Years December 8, 2012
• What the Law Really Says About Christmas Music in Schools October 11, 2013
• Religious Freedom, Again February 19, 2015
• Passover, Abortion, and Rabbi Ruth Bader Ginsburg April 3, 2015
• Justice Scalia's Worst Opinion April 17, 2015
• The Stakes of Free Exercise July 1, 2015
• Wrong On Every Count: William Watkins, Jr. on the Trinity Lutheran Case April 26, 2017
• Pray, Trust, Act, and Hope: An Easter Letter April 11, 2020
• Freedom For Religion 2023

Separation of Power

• Straightening out the Confirmation Mess 1995
• Nixon Now: The Courts and The Presidency after 25 Years 1999
• A Constitutional Independent Counsel State 2000
• Make Miers Pass a "Litmus Test" October 18, 2005
• Checking the Court 2016
• The Constitutional Propriety of Ideological Litmus Tests for Judicial Appointments 2016
• The Case for Shrinking the Supreme Court November 21, 2016
• To End a Republican Presidency 2018
• Fighting the Meaning of Section Three February 2, 2024
• The Objection that Enforcing Section Three Would Be Undemocratic February 3, 2024
• The Objection that Enforcing Section Three Would Be Too Dangerous February 4, 2024
• The Objection "But He Hasn't Been Convicted of Anything" February 5, 2024
• The Use and Misuse of Section Three's Legislative History Part I February 6, 2024
• The Use and Misuse of Section Three's Legislative History Part II February 6, 2024
• Section Three is Not a Political Question February 7, 2024
• The Objection That it is Too Soon to Adjudicate Trumps Qualifications February 7, 2024
• The Facts Matter, Trials Matter, The Record Matters February 8, 2024
• Is Congress a Backstop? February 9, 2024
• A Lawless Court Gives us a Lawless President July 22, 2024

Spoof and Satire

• Brown, Casey Style: The Shocking First Draft of the Segregation Opinion 1994
• Is Bill Clinton Unconstitutional? The Case for President Strom Thurmond 1996
• Medium Rare Scrutiny 1998
• I'm Even Smarter than Bruce Ackerman: Why the President Can Veto His Own Impeachment 1999
• Green Eggs and Legislation 2001
• The Grinch who Stole Legislation (a sequel) 2002
• The Uselessness of Constitutional Law January 31, 2012

Stare Decisis

• Brown, Casey Style: The Shocking First Draft of the Segregation Opinion 1994
• Abrogating Stare Decisis by Statute: May Congress Remove the Precedential Effect of Roe and Casey? 2000
• Lawson's Awesome (Also Wrong, Some) 2001
• The Irrepressible Myth of Marbury 2003
• The Intrinsically Corrupting Influence of Precedent 2005
• What Would Lincoln Do? A Test for the Roberts Court October 16, 2006
• Precedent as a Tactical Weaponry 2007
• Does the Supreme Court's current Doctrine of Stare Decisis Require Strict Adherence to the Supreme Court's Current Doctrine of Stare Decisis? 2008
• Casey: Enduring, Entrenched, Intentionally Evil Egregious Error June 29, 2012
• Repudiating Roe: Part II: The Pernicious Doctrine of Stare Decisis June 29, 2021

War Power

• Youngstown Goes to War 2002
• The Civil War as Constitutional Interpretation 2004
• The Constitution of Necessity 2004
• The Emancipation Proclamation and the Commander in Chief Power 2006
• The Constitutional Power to Interpret International Law 2009
• The War Power 2010
• Declaration of War: Ten Years Later September 22, 2011
• With Malice Toward Some July 30, 2013
• How to Avoid an Unconstitutional War: A Beginner's Guide for Presidents and Congresses September 9, 2013
• Why Cotton's Letter Raised Eyebrows March 17, 2015
• The Constitutional Powers of War and Peace August 13, 2015
• Trump's First Unconstitutional War April 4, 2017
• The Difference Between Yoo and Me April 11, 2017
• John Yoo's Living Constitution - Continued April 20, 2017
• John Yoo, Alexander Hamilton, and War Powers: The Evidence of History April 21, 2017
• The Interpretive Force of Alexander Hamilton's Early Expositions of Presidential Power 2026
• The Power to Declare Peace 2026

WHO

• Book Review of Robert Burt - The Constitution in Conflict 1993
• The Merryman Power and the Dilemma of Autonomous Executive Branch Interpretation 1993
• The Most Dangerous Branch: Executive Power to Say What the Law is 1994
• Protestantism and Comparative Competence: A reply to Professors Levinson and Eisgruber 1994
• Captain James T. Kirk and the Enterprise of Constitutional Interpretation: Some Modest Proposals From the Twenty Third Century 1995
• Nixon Now: The Courts and The Presidency after 25 Years 1999
• The Irrepressible Myth of Marbury 2003
• Can a Constitutional Amendment Overrule A Supreme Court Decision? 2007
• Lincoln and Judicial Authority 2008
• Authorize Force Now February 26, 2014
• Citizens Unite! Part Two of Your Constitutional Primer May 20, 2015
• The Myth of Judicial Supremacy May 20, 2015
• What are the Lessons of the Constitution's 225-Year History of Interpretation May 22, 2015
• Drone on: The Commander in Chief Power to Target and Kill Americans 2015
• The President and the Myth of Judicial Supremacy 2018
• President Obama's Dishonest and Unconstitutional De-Authorization March 2, 2015
• Lincoln Versus Judicial Supremacy May 21, 2015
• The Constitutional Case for Interposition and Nullification May 22, 2015
• The Great Interpreter October 2, 2015
• The Constitutional Position and Powers of the Presidency: Executing the Laws and Interpreting the Constitution April 3, 2017

Miscellaneous

• Book Review June 1, 1987
• What Roe v. Wade Should have Said (Opinion of "Justice Paulsen") 2005
• Good Riddance, Jim Chen, You No-Good Lousy So-And-So 2007
• Obama's Injustice Department: The Irresponsible Office of Professional Responsibility May 25, 2009
• No Rule By Decree: Obama Follows in Truman's Unconstitutional Footsteps April 30, 2012
• Our Constitution: Landmark Interpretations of America's Governing Document 2013
• The Uneasy Case for Intellectual Diversity 2014
• The Insistent Analogy to Slavery 2014
• The Constitution an Introduction 2015
• Checking the Court 2016
• The Constitutional Propriety of Ideological Litmus Tests for Judicial Appointments 2016
• To End a Republican Presidency 2018
• The Constitution of the United States 5th Ed.
• Does Holding Federal Office Confer Immunity from Prosecution? November 13, 2018
• The Constitutional Propriety of Prosecuting the President November 12, 2018
• Text over Intent and the Demise of Legislative History 2018
• John Nagle Meets the Delhi Sands Flower-Loving Fly 2022
• The Constitution of the United States 5th Ed. 2022