Read how Ely’s Democracy and Distrust can be applied to the concept(s) of presidential immunity in this symposium essay by Evan Caminker, featured in Constitutional Commentary. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/democr…

Read Jason Mazzone’s take on the democracy-preserving role of courts through political and social trust, now available in Constitutional Commentary. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/politi…

Vikram Amar unpacks Rucho and current gerrymandering tactics in the light of Ely’s influential work, Democracy and Distrust, now available in Constitutional Commentary’s symposium issue on Ely after 40 years. Constitutional Commentary Vikram Amar @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/insigh…

Read Jane S. Schacter’s essay, Glimpses of Representation-Reinforcement in State Courts, part of Constitutional Commentary’s symposium issue marking the 40th anniversary Ely’s influential work, Democracy and Distrust. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/glimps…

How does the rabbinic worldview of late antiquity inform constitutional governance and judicial perspectives in our day? Read Ethan Leib’s review of David Flatto, The Crown and the Courts, to discover the answers. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/the-an…

To mark the anniversary of the events of Jan. 6, remember to check out our symposium issue, The Constitution After January 6. Constitutional Commentary @UofMNLawSchool hdl.handle.net/11299/258545

Now available: Self-Coup and the Constitution, by Daniel J. Hemel. Constitutional Commentary @UofMNLawSchool Daniel Hemel Read it here: constitutionalcommentary.lib.umn.edu/article/self-c…

January 6, Ambiguously Inciting Speech, and the Overt-Acts Solution by Alan Z. Rozenshtein Alan Rozenshtein and Jed Handelsman Shugerman Jed Shugerman, available online. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/januar…

Aziz Z. Huq discusses three ways the Jan. 6 insurrection can be seen as a democratic emergency in The January 6 Insurrection and the Problem of Constitutional Guardianship. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/the-ja…

Read how “cancel culture” and First Amendment rights have become entangled in the aftermath of the Jan. 6 insurrection in Impeachment, Free Speech, and the Cancel Culture Narrative by Heidi Kitrosser. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/impeac…

Read Jonathan David Shaub’s article, The Mixed Legacy of the January 6 Investigation For Executive Privilege and Congressional Oversight, now available in Constitutional Commentary. Constitutional Commentary @UofMNLawSchool Jonathan David Shaub constitutionalcommentary.lib.umn.edu/article/the-mi…

In case you missed it, read Steven D. Smith’s The Constitution, the Leviathan, and the Common Good, available online. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/the-co…

The latest from Constitutional Commentary. Read vol. 38 no. 1 at constitutionalcommentary.lib.umn.edu Constitutional Commentary @UofMNLawSchool

Get a First Look at what we’re publishing Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/first-look/

Just published: Samuel Moyn and Rephael Stern take a deep look at how James Bradley Thayer (1831–1902) tried to save democracy through judicial self-restraint—and how his efforts ultimately failed. Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/4810/

Read Conor Casey’s review of Constitutional Essentials, a recent work that applies Rawlsian ethical and legal philosophy to offer “guidance for the project of liberal constitutional democracy.” Constitutional Commentary @UofMNLawSchool constitutionalcommentary.lib.umn.edu/article/politi…

Missed the student law review submission cycle? Constitutional Commentary is now reading submissions of short(ish) con law articles that fit our “shorter and less ponderous” format. Click here for details. constitutionalcommentary.lib.umn.edu/submissions/ Constitutional Commentary @UofMNLawSchool

Ready for a First Look: David Driesen’s article, Does a Removal Power Exist? Joseph Story and Selective Living Originalism, analyzes Joseph Story’s discussion of the power to remove executive officers. constitutionalcommentary.lib.umn.edu/wp-content/upl… Constitutional Commentary @UofMNLawSchool

Now online: David S. Schwartz discusses the impact of Creative 303 and related cases in his article Making Sense of 303 Creative: A Free Speech Solution in Search of a Problem. constitutionalcommentary.lib.umn.edu/wp-content/upl… Constitutional Commentary @UofMNLawSchool

New work from Constitutional Commentary now available online. Read pieces from current and future issues in our First Look feature. constitutionalcommentary.lib.umn.edu/first-look/ Constitutional Commentary @UofMNLawSchool