Constitutional and Foreign Relations Law:

More Real Than Apparent: Separation of Powers, The Rule of Law, and Comparative Executive “Creativity”in Hamdan v. Rumsfeld, CATO SUPREME COURT REVIEW 2005-2006 (forthcoming 2006) [exchange with John Yoo].

Executive Power in Foreign Affairs, 29 HARVARD JOURNAL OF LAW AND PUBLIC POLICY (forthcoming 2006) [exchange with Michael Ramsey].

Impeachment in OXFORD COMPANION TO THE SUPREME COURT (Oxford: Kermit Hall, et. al, eds., 3d ed. 2005).

Introduction, Medellin v. Dretke – Federalism, International Law, and the Supreme Court, 43 COLUMBIA JOURNAL OF TRANSNATIONAL LAW 667 (2005).

Executive Power Essentialism and Foreign Affairs, 102 MICHIGAN LAW REVIEW 525 (2004) [with Curtis A. Bradley]

The Future and Past of U.S. Foreign Affairs Law, 67 LAW AND CONTEMPORARY PROBLEMS 169 (2004)

Byron White, Federalism, and the Greatest Generation(s), 74 COLORADO LAW REVIEW (2003)

The Better Angels of Self-Government, 71 FORDHAM LAW REVIEW 1773 (2003)

John Marshall, McCulloch v. Maryland, and “We the People”: Revisions in Need of Revising, 43 WILLIAM AND MARY LAW REVIEW 1339 (2002)

Constitutional Asymmetry, 69 FORDHAM LAW REVIEW 2073 (2001)

Aim Globally, 17 CONSTITUTIONAL COMMENTARY 205 (2000)

History Right?: Historical Scholarship, Original Understanding, and Treaties as “Supreme Law of the Land,” 99 COLUMBIA LAW REVIEW 2095 (1999)

Are We to Be A Nation?: “States’ Rights” and the Treaty Power, 70 COLORADO LAW REVIEW (Symposium) 1277 (1999)

More Apparent Than Real: The Revolutionary Commitment to Constitutional Federalism, 45 KANSAS LAW REVIEW (Symposium) 1993 (1997)

The Practice of Faith, 65 FORDHAM LAW REVIEW (Symposium) 1565 (1997)

Relearning Founding Lessons: Joint Accountability and the Removal Power, 47 CASE WESTERN RESERVE LAW REVIEW (Symposium) 1563 (1997)

The Most Dangerous Branch, 105 YALE LAW JOURNAL 1725 (1996)

History "Lite" and Modern American Constitutionalism, 95 COLUMBIA LAW REVIEW 523 (1995)