Editor in Chief

Jill Elaine Hasday, Distinguished McKnight University Professor & Centennial Professor in Law, University of Minnesota

Editors

Dale Carpenter, Judge William Hawley Atwell Chair of Constitutional Law, Southern Methodist University,
Heidi Kitrosser, Robins Kaplan Professor of Law, University of Minnesota,
Brian Bix, Frederick W. Thomas Professor of Law & Philosophy, University of Minnesota (book reviews)

Student Managing Editors

Bess Boever, Kevin Cunningham, Joshua Preston, Daniel Rife,
Rebecca Rosefelt, Anna Somberg,
Alexander Tibor

Production Manager and Managing Editor

Thomas Boyle

Madison’s Denial

Three Lives of James Madison: Genius, Partisan, President. By Noah Feldman.[1] Random House. 2017. Pp. xviii + 777. $35.00 (Cloth). Calvin H. Johnson[2] Professor Noah Feldman of Harvard Law School has a new biography of Madison, Three Lives of James Madison: Genius, Partisan, President, which helpfully condenses some 33,000 pages of Madison’s papers into single…

States of Continuity or State of Exception? Race, Law, and Politics in the Age of Trump

Devon W. Carbado* This Essay introduces the concept of “states of continuity” to caution against an uncritical framing of constitutional law and political developments in the age of Trump/Trumpism as a “state of exception.”[1] I invoke the expression state of exception to stand in for the argument on the left that the Trump era will…

Constitutional Maturity, or Reading Weber in the Age of Trump

Josh Chafetz* We might be in trouble. That, at least, would seem to be the premise of this symposium: after all, symposia on the current state of constitutional law tend to proliferate when there is anxiety about the current state of constitutional law. And this symposium is hardly alone in expressing such anxiety—conferences, books, and…

Sex, Trump, and Constitutional Change

Helen Hershkoff & Elizabeth M. Schneider* That President Trump ignores, defies, and might destroy the norms long taken for granted in America’s democracy is a view expressed by scholars,[1] politicians,[2] journalists,[3] and many everyday Americans.[4] An obvious example of Trump’s deviant conduct is his perverse use of the “bully pulpit” to express vulgar and degrading…

Protecting the Nation from “Honor Killings”: The Construction of a Problem

Leti Volpp* Introduction On January 27, 2017, seven days after his Presidency began, Donald Trump issued an executive order titled “Protecting the Nation from Foreign Terrorist Entry into the United States” (hereinafter, “EO-1”).[1] The order invoked the terrorist attacks of September 11, 2001, and indicated that the United States sought to “prevent the admission of…

The Reality Principle

Lawrence G. Sager* and Nelson Tebbe** Introduction Many liberals have received the Supreme Court’s decision in Masterpiece Cakeshop. Ltd. v. Colorado Civil Rights Commission[1] as narrow and regrettable.[2] On this view, Justice Anthony M. Kennedy sought to escape a conflict between two of his paramount commitments, to religious freedom and to equal citizenship for LGBTQ…