What would the potential overturning of Roe portend for other substantive due process cases?
One precondition for restoring the originalist constitutional culture is convincing progressives of the merits of federalism.
While California may increasingly find itself a “commonwealth of its own,” Californians will continue to shape the rest of the country.
The tendency toward a firm enforcement of the Constitution’s structural provisions was built into conservative constitutionalism from the beginning.
Prohibition may have been disastrous for America, but it reflected a deep respect for American constitutionalism we should envy today.
Sean Beienburg is an assistant professor in the School of Civic and Economic Thought and Leadership at Arizona State University and the director of the Arizona Constitution Project. He is also the author of Prohibition, the Constitution, and States’ Rights (University of Chicago Press, 2019) and the upcoming Progressive Federalism.