Public Writings

Speak Freely: Why Universities Must Defend Free Speech (Princeton: Princeton University Press, 2018).  Buy It!

For Extended Media Discussions of Speak Freely visit the Speak Freely Webpage

"Here's the Simple Reason Why It's So Hard to Abolish Lame-Duck Legislative Sessions," MarketWatch (December 11, 2018) Read Online

"Power Grab or Business as Usual?" National Review Online (December 10, 2018) Read Online

"Free Speech is a Core Tenet of the Academy. College Trustees Really Ought to Know That," Chronicle of Higher Education (December 5, 2018) Read Online

"Professor Spreads Free Speech Message on Constitution Day," Fox & Friends (September 17, 2018) Watch Online

"Everyone Gets 'Constitutional Crisis' Wrong," CNN Politics (September 7, 2018) Watch Online

"The Dream of a Nonpartisan Supreme Court," Princeton University Press Blog (September 6, 2018) Read Online

“Should Congress Treat Impeachable Offenses Cumulatively?,” Lawfare (August 29, 2018) Read Online

"Anthony Kennedy's Supreme Court Legacy: Support for Both Flag-Burners and Citizens United," MarketWatch (June 28, 2018) Read Online

"Campus Protests Should Stop at the Door of the Classroom," Aeon (June 20, 2018) Read Online

"The Problem with Zombie Constitutional Amendments," Harvard Law Review Blog (June 6, 2018) Read Online

"Can Trump Actually Pardon Himself? Experts Weigh In," The Guardian (June 4, 2018) Read Online

"Free Speech and Ideological Diversity on American College Campuses," Open Inquiry Project (May 2018) Read Online

"A Survey of Constitutional Debates in the Trump Era," National Constitution Center Town Hall (May 7, 2018) Watch Online

"Don't Subpoena Testimony from the President," Lawfare (May 4, 2018) Read Online

"Checking the President," No Jargon Podcast Episode 126 (April 25, 2018) Podcast

"Tolerating Campus Dissent, Left and Right," Princeton University Press Blog (April 25, 2018) Read Online

"R.I.P. Congressional War Power," Lawfare (April 20, 2018) Read Online

"The Bounded Rationality of American Courts," New York University Law Review Online (2018) Read Online

"The Kids are Alright," Princeton University Press Blog (March 20, 2018) Read Online

Sean Illing, "Can Mueller Force Trump to Testify? I Asked 9 Legal Experts," Vox (March 15, 2018) Read Online

"Offensive Speech in the Classroom," Academe Blog (March 11, 2018) Read Online

"Departmentalism, Judicial Supremacy, and DACA," Lawfare (February 26, 2018) Read Online

"President Trump, #MeToo, and Congressional Power," Harvard Law Review Blog (February 20, 2018) Read Online

"History of Impeachment from Andrew Johnson to Today," National Constitution Center's We the People (February 1, 2018) Podcast

"Partisanship, Norms, and Federal Judicial Appointments," Balkinization (November 29, 2017) Read Online

"Congress and the Administrative State," Federalist Society National Lawyers Convention (November 17, 2017) View Online

"Does the First Amendment Protect Hate Speech on Campus and Online?" National Constitution Center's America's Town Hall (November 8, 2017) View Online

"To Impeach or Not To Impeach," Talk Like a Girl Episode 2 (October 2017) Podcast

"Hate Speech and the First Amendment," National Constitution Center's We the People (September 28, 2017) Podcast

"Trump's Rhetoric is Offensive, but is it an Impeachable Offense?" Vox: Mischiefs of Faction (August 4, 2017) Read Online

"The Power to Impeach Executive Officers," Lawfare (August 4, 2017) Read Online

"Possibly Impeachable Offenses: The Need for Congressional Investigation" Niskanen Center (August 2, 2017) Read Online

"What is the Downside of Not Impeaching?" Lawfare (July 25, 2017) Read Online

"The Coming Constiutional Crisis?" Lawfare (July 21, 2017) Read Online

Sean Illing, "President Trump is Considering Pardoning Himself. I Askef 15 Experts if that's Legal," Vox (July 21, 2017) Read Online

Sean Illing, "Trump's Lawyer: Comey Violated Executive Privilege. 10 Legal Experts: No, He Didn't," Vox (June 9, 2017) Read Online

"Constitutional Crisis? Take a Deep Breath," Decode DC episode 196 (June 1, 2017) Podcast

"He's Not Going to Be Impeached," We the People episode 90 (May 25, 2017) Podcast

"So What Exactly Counts as an Impeachable Offense?," Washington Post: Monkey Cage (May 24, 2017) Read Online

"Impeachment" NPR's All Sides with Amy Fisher (May 23, 2017) Audio Interview

"How Likely is a Trump impeachment?" CGTN (May 23, 2017) Video Interview

"What is the Impeachment Power For?," Law and Liberty (May 22, 2017) Read Online

"How To Get Out of Impeachment Territory," Lawfare (May 19, 2017) Read Online

"Will the 25th Amendment Save Us? Lessons from the Nation's First Impeachment Trial," Vox: Mischiefs of Faction (May 18, 2017) Read Online

"How Does Impeachment Work?" The Atlantic (May 17, 2017) Read Online

"A Constitutional Crisis May Not Be What You Think It Is" Newsy (May 17, 2017) Video Interview

"An Impeachment Should Not Be a Partisan Affair," Lawfare (May 16, 2017) Read Online

Dylan Matthews, "I Asked 7 Experts If the Comey Firing Is a Constitutional Crisis, Here's What They Said," Vox (May 11, 2017) Read Online

"Is the Supreme Court a Court?" Law and Liberty (February 23, 2017) Read Online

"Constitutional Norms Matter," Law and Liberty (February 16, 2017) Read Online

"Departmentalism, Judicial Supremacy, and Trump," Balkinization (February 15, 2017) Read Online

Dylan Matthews, "I Asked 8 Experts If We're In a Constitutional Crisis, Here's What They Said" Vox (February 13, 2017) Read Online

"Interpretation of Impeachment Clause," with Neil Kinkopf, National Constitution Center Interactive Constitution (2016) Read Online

"Balancing Independence and Accountability in Impeachable Offenses," National Constitution Center Interactive Constitution (2016) Read Online

"Making the Bricks of the Modern Presidency from Constitutional Straw" Law and Liberty (January 4, 2016) Read Online

Judicial Review and Constitutional Politics (Washington, D.C.: American Historical Association, 2015) Purchase Here

"Our Regional Constitution" Wall Street Journal (June 3, 2015) Read Online

"Paradise Lost" Law and Liberty (June 2, 2015) Read Online

"Are Signing Statements a Bad Thing?" Law and Liberty (April 28, 2014) Read Online

"Remembering Why Hayek Mattered" Law and Liberty (April 26, 2014) Read Online

"What's Wrong with Judicial Activism Anyway?" Law and Liberty (April 21, 2014) Read Online

"One of the 'Most Activist Judges We Have Right Now'" Law and Liberty (April 10, 2014) Read Online

"Is the Roberts Court the Least Activist Court in History" Law and Liberty (April 8, 2014) Read Online

"Constitutional Politics in the States" Law and Liberty (April 6, 2014) Read Online

"Sowing the Seeds of an Originalist Future" Law and Liberty (April 6, 2014) Read Online

"How I Learned to Stop Worrying and Love Substantive Due Process -- Sort Of" Law and Liberty (April 4, 2014) Read Online

"What Did John Marshall Accomplish in Marbury v. Madison" Law and Liberty (April 2, 2014) Read Online

"Is the Constitution a Cage?" David Aldrich Nelson Lecture at Texas A&M University (2013) View Online

"The Troubling Case of Lochner" Law and Liberty (March 1, 2012) Read Online

"The Conquering Bureaucracy" Reason (December 2010) Read Online

"Originalism within the Living Constitution" American Constitution Society Issue Brief (July 2007) Read Online

"How to Read the Constitution: Self-Government and the Jurisprudence of Originalism" Heritage Foundation First Principles Series (May 1, 2006) Read Online

"Bogus Balance Banter" National Review Online (August 10, 2005) Read Online

"The Confirmation Process We Deserve" Policy Review (June 1, 2001) Read Online

"'High Crimes' After Clinton" Policy Review (February 1, 2000) Read Online

"Not-So-Grand Inquests" Reason (January 2000) Read Online

"The Politics of the Supreme Court" Policy Review (August 1, 2000) Read Online

"Serving the President: When Must the President Obey a Subpoena?" Reason (November 1998) Read Online

"When is a Crime a 'High Crime'?" Chicago Tribune (September 13, 1998) Read Online