The Hidden Foreign Law Debate in Heller: The Proportionality Approach in American Constitutional Law

Natural Law in American Constitutional Theory

Constitutional Law

The Canons of Constitutional Law

Academic and political debates about what texts are canonical in the liberal arts have been occurring for some time. In this Commentary, Professors Balkin and Levinson discuss canons and canonicity in the study of law in general and of constitutional law in particular. Canons, they contend, are not simply collections of texts. Skills, approaches, forms of argument, standard examples, and even s...

The liberal neutrality of living and dying: bioethics, constitutional law, and political theory in the American right-to-die debate.

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...