Constitutional Law Scholarship

     Here are a citations to some leading scholarly works in Constitutional Law.
War Powers:


Charles Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, and William Van Alstyne, The President’s Powers as Commander-in-Chief versus Congress’ War Powers and Appropriations Power, 43 University of Miami Law Review 17 (1988)


David P. Currie, Rumors of Wars: Presidential and Congressional War Powers, 1809-1829, 67 University of Chicago Law Review 1 (2000)




Erwin Chemerinsky, The Assumptions of Federalism, 58 Stanford Law Review 1763 (2006)


The History of the 14th Amendment


Dean Richard L. Aynes has published a number of works on the history of the 14th Amendment, including Unintended Consequences of the 14th Amendment, 39 Akron Law Review 289 (2006); The Continuing Importance of Congressman John A. Bingham and the Fourteenth Amendment, 36 Akron Law Review 589 (2003); Charles Fairman, Felix Frankfurter, and the Fourteenth Amendment, 70 Chicago-Kent Law Review 1197 (1995); and On Misreading John Bingham and the Fourteenth Amendment, 103 Yale Law Journal 57 (1993).


The Second Amendment


Akhil Reed Amar, The Second Amendment: A Case Study in Constitutional Interpretation, 2001 Utah Law Review 889 (2001)


Robert A. Creamer, History Is Not Enough: Using Contemporary Justifications for the Right to Keep and Bear Arms in Interpreting the Second Amendment, 45 Boston College Law Review 905 (2004)


Sanford Levinson, The Embarrassing Second Amendment, 99 Yale Law Journal 637 (1989)


David A. Lieber, The Cruikshank Redemption: The Enduring Rationale for Excluding the Second Amendment from the Court’s Modern Incorporation Doctrine, 95 Journal of Criminal Law and Criminology 1079 (2005)


Constitutional Interpretation


Akhil Reed Amar, Forward: The Document and the Doctrine, 114 Harvard Law Review 26 (2000); Intratextualism, 112 Harvard Law Review 747 (1999); Continuing the Conversation, 33 University of Richmond Law Review 579 (1999)


Robert Bork, Neutral Principles and Some First Amendment Problems, 47 Indiana Law Journal 1 (1971)


Sanford Levinson, Looking Abroad When Interpreting the U.S. Constitution: Some Reflections, 39 Texas International Law Journal 353 (2004)


Richard A. Posner, Justice Breyer Throws Down the Gauntlet, 115 Yale Law Journal 1699 (2006)


Antonin Scalia, The Rule of Law as a Law of Rules, 56 University of Chicago Law Review 1175 (1989)


First Amendment in Wartime


Michael Kent Curtis, Lincoln, Vallandingham, and Anti-War Speech in the Civil War, 7 William & Mary Bill of Rights Journal 105 (1998)


Geoffrey Stone has written a number of works on the First Amendment in wartime, including Abraham Lincoln’s First Amendment, 78 New York University Law Review 1 (2003); Judge Learned Hand and the Espionage Act of 1917, 70 University of Chicago Law Review 335 (2003); and Free Speech in World War II:  “When Are You Going to Indict the Seditionists?”, 2 International Journal of Constitutional Law 334 (2004).