Constitutional Commentary

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

Articles from Vol. 25, No. 3, Summer

Guantanamo, Boumediene, and Jurisdiction-Stripping: The Imperial President Meets the Imperial Court
INTRODUCTION In Boumediene v. Bush, (1) the Supreme Court struck down a major pillar of President Bush's war on terror: the indefinite detention of terror suspects in Guantanamo Bay, Cuba. The Court held that even non-citizen prisoners held by the...
Is American Constitutional Law in Crisis? Ass'n of American Law Schools Section on Constitutional Law (January 2009)
First of all, welcome to the Ninth Circuit. It's really no accident. We're not only the biggest Circuit out there, but we go all the way from the Arctic Circle in the north to Samoa in the south, making us the northernmost and southernmost circuit....
Is Law? Constitutional Crisis and Existential Anxiety
To ask, "Is God?" appears to presuppose a being who perhaps isn't ... and thus is open to the same objection as the question, "Does God exist?" ... but until the difficulty is pointed out it does not have the same propensity to confuse language with...
Putting the Law Back in Constitutional Law
Taking a cue from Professor Laurence Tribe's decision to abandon the third edition of his constitutional law treatise, (1) the organizers of this symposium have asked us to address whether constitutional law is in crisis. I am agnostic on that question,...