The article calls attention to the latent instability of constitutional norms and theorizes the structure of constitutional norm change. It argues that, under certain conditions, it will be more worrisome when norms are subtly revised than when they...

Scholars, judges, and policymakers have observed that American constitutional democracy depends on far more than the constraints imposed by judicially-interpreted formal legal arrangements. Drawing on judicial doctrine, political science, and the...

Long before there was a U.S. Constitution for the American republic, there were treaties among Indian Nations and between Indian Nations and colonial governments reflecting ideals of consultation and negotiation among self-determining peoples. Using...

Populism is primarily defined in our public discussions by the loudest self-identifying populists active in democratic politics at the moment. Populism has therefore often been treated as a concept merging not just antiestablishment sentiments, but...

The article contemplates how constitutional designers should address the problem of apex criminality, or criminal actions by those elected or appointed to high positions in a national government.

The story behind the resignation of Joel Clement—the head of the U.S. Interior Department’s Office of Policy Analysis—provides a window into the relationship between the political leadership and the civil service at the Interior Department in the...