unitary executive theory: Supreme Court Chief Justice John Roberts attends inauguration ceremonies in the Rotunda of the U.S. Capitol on January 20, 2025 in Washington, DC.

Law and Justice

The Unitary Executive Theory in All of Its Historical Perversity

by Jack Rakove September 24, 2026September 24, 2026

A misinformed idea underlies much of the work of John Roberts’s Supreme Court.

Courtroom sketch depicting Supreme Court justices, from left, Amy Coney Barrett, Neil Gorsuch, Sonia Sotomayor, Clarence Thomas, Chief Justice John Roberts, Samuel Alito, Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson, listening to arguments on Wednesday, November 5, 2025, in Washington.

Books

The Case for a Shadow Court

by Garrett Epps September 17, 2026September 18, 2026

Books

The Swastika and the Red Hat

by Christoph Irmscher September 1, 2026September 1, 2026

The official portrait of founding father and Supreme Court Justice James Wilson. Review of The Lost Founder: James Wilson and the Forgotten Fight for a People’s Constitution. By Jesse Wegman. Celedon Books. 384 pp.

Newsletter

Get Smart: Our Summer Reading Roundup

by Anne Kim August 2, 2026August 10, 2026

Visitors view exhibits in the Lincoln Memorial undercroft in Washington, D.C.

Politics

A Better Celebration of America at 250

by Dale Berning Sawa July 29, 2026July 29, 2026

Past presidents have tapped their unarticulated prerogative powers in times of necessity and for the national good. For Trump, it’s a permission slip to do as he will.

Politics

A Unified Theory of Donald Trump’s Presidency

by Robert J. Shapiro June 25, 2026June 25, 2026

After the Callais decision and now Allen v. Milligan, the Supreme Court under Chief Justice John Roberts is nearing a complete dismantling of the landmark Voting Rights Act.

Law and Justice

The Roberts Court’s Gutting of the Voting Rights Act Nears Completion

by Jack Rakove June 10, 2026June 10, 2026

Podcast

The Republicans Who Could Save Democracy

by Anne Kim March 11, 2026March 11, 2026

Living charter: The Constitution’s meaning has never been fixed; its promises depend on each generation’s willingness to interpret and defend them.

Law and Justice

On Martin Luther King Jr. Day, A Moment to Reflect on the Constitution

by Elizabeth Wydra January 19, 2026January 18, 2026

What if? A look at how the structure of the U.S.. Senate was hotly debated in 1787 at the Constitutional Convention in ways that changed America, Here, is the painting "Scene at the Signing of the Constitution" by Howard Chandler Christy from 1940.

Law and Justice

The Great Might-Have-Been of the Constitutional Convention

by Jack Rakove September 17, 2025September 17, 2025

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Constitution

The Unitary Executive Theory in All of Its Historical Perversity

The Case for a Shadow Court

The Swastika and the Red Hat

A Better Celebration of America at 250

A Unified Theory of Donald Trump’s Presidency

The Roberts Court’s Gutting of the Voting Rights Act Nears Completion

The Republicans Who Could Save Democracy

On Martin Luther King Jr. Day, A Moment to Reflect on the Constitution

The Great Might-Have-Been of the Constitutional Convention

A Feminist Humanist’s Last Word

If You Don’t Like Polls, Follow the Money

Before the Fall

The Supreme Court Still Works as the Founders Intended

The Case for a Shadow Court

Never Forgetting 9/11 Means Learning Lessons

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