Constitutional Commentary

Faculty-edited law journal provides articles, review essays and book reviews on constitutional law and history.

Articles from Vol. 26, No. 2, Spring

Obama's Constitution: The Passive Virtues Writ Large
THE FADING OBAMA MYSTIQUE There is little doubt today about Barack Obama's political orientation. He is a man of the Left. Yet in the fall of 2008, during the height of the Presidential Election, there were endless debates as to whether Obama counted...
President Obama's Progress in Government Ethics
Barack Obama campaigned on a promise to bring ethics to government. He has delivered on this promise by making exceptional progress in several key areas, including curtailing the revolving door between the private sector and his Administration. On...
Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case
INTRODUCTION 120 years ago, in May 1889, the U.S. Supreme Court ruled that "the power of exclusion of foreigners being an incident of sovereignty ... cannot be granted away or restrained." (1) Sixty years later, in January 1950, at the height of...
The Obama Administration, Fundamental Institutional Change, and the Constitutional Lawmaking System
As a fusionist, (1) or moderate libertarian with conservative influences, I was alarmed by the election of Barack Obama and a largely Democratic Congress. Based on Obama's campaigning and his voting record, I believed that he was likely to strongly...