RESEARCH AREAS

Supreme Court and Constitutional Law

This section of the website gathers together AEI research, books, and events focused on Supreme Court cases and constitutional law and sovereignty issues.

Feature: The Supreme Court's Term and Business

In a new AEI Constitutional Outlook, Michael S. Greve says the Supreme Court's 2008-2009 term brought "massive confusion and backpedaling on business cases." The legal structure governing the commerce of the United States is in "grave disrepair," but "the justices show little awareness that the problem is of constitutional dimensions, and that it is theirs to fix." Read more in Greve's lively review of the major business cases of the last term.

Scholars on Supreme Court
and Constitutional Law

Recent Publications

Deciphering Grutter v. Bollinger

By Edward Blum
Manhattan Institute
Sunday, September 27, 2009

A new lawsuit from Texas that is working its way up the appellate ladder may compel the justices to clarify--and limit--how race and ethnicity may be used in the admissions process.

The Powers and Duties of the President

By Gary J. Schmitt , Joseph M. Bessette
The Constitutional Presidency
Wednesday, September 9, 2009

Something important is missing in our treatment and understanding of the constitutional presidency, something that a careful analysis of Article II can help us uncover and recover.

Against Foreign Law

By John Yoo , Robert J. Delahunty
AEI Working Paper
Thursday, August 20, 2009

This working paper makes five observations regarding the Supreme Court's practice of relying upon foreign and international decisions for support of its constitutional rulings.

Outsourcing American Law: Conclusion

By John Yoo
AEI Working Paper
Thursday, August 20, 2009

There is growing pressure toward the use of international and foreign law in the United States. Why have these issues arisen now, and what might their consequences be?

» List all Recent Publications

Books

Voting Rights--And Wrongs The Elusive Quest for Racially Fair Elections

By Abigail Thernstrom
AEI Press
(June 2009)

The Voting Rights Act has become a period piece that today serves to keep most black legislators clustered on the sidelines of American politics--precisely the opposite of what its framers intended.

Voting Rights—And Wrongs (paperback) The Elusive Quest for Racially Fair Elections

By Abigail Thernstrom
AEI Press
(January 2009)

The Voting Rights Act has become a period piece that today serves to keep most black legislators clustered on the sidelines of American politics--precisely the opposite of what its framers intended.

Deconstructing the Republic Voting Rights, the Supreme Court, and the Founders' Republicanism Reconsidered

By Anthony A. Peacock
AEI Press
(April 2008)

Peacock contends that theVRA, as it is currently implemented, undermines the Founders' vision of government by emphasizing racial and ethnic group rights over individual rights.

» List all Books

Events

PAST EVENTS

The Supreme Court's Business

Monday, October 27, 2008
06:30 PM - 08:30 PM

As the Supreme Court opens its October Term, the AEI Legal Center will host its annual review and preview of the U.S. Supreme Court's 2007 and 2008 Terms.

McCain v. Obama: A Hypothetical Supreme Court Case

Monday, October 20, 2008
11:00 AM - 01:00 PM

At this event, the AEI-Brookings Election Reform Project, Ohio State University’s Election Law @ Moritz project, and Georgetown University Law Center’s Supreme Court Institute will jointly argue this hypothetical court case before a balanced panel of retired judges.

Gauer Distinguished Lecture in Law and Public Policy 2008

Tuesday, September 23, 2008
07:00 PM - 11:00 PM

» List all Past Events

Scholars on Supreme Court and Constitutional Law

Scholars on Supreme Court
and Constitutional Law