Current Issue

Volume 46 – Issue 1

Winter 2023


The Federalists vs. The Anti-Federalists:

Revisiting the Founding Debates

1 Were the Founders Themselves Originalists? John O. McGinnis
15 The Anti-Federalists: Planting the Seeds of American Populism? Michelle M. Kundmueller
31 21st Century Federalism: A View from the States Hon. Jeffrey S. Sutton
43 “Partly Federal, Partly National”: The Founders’ Middle Course Michael McConnell
57 The Original Federalist Theory of Implied Powers John Mikhail


69 Wither the Consumer Welfare Standard? Hon. Douglas H. Ginsburg
87 The Province of Law Hon. Neomi Rao


105 Official Immunity at the Founding Hon. Andrew S. Oldham
135 Liquidating the Independent State Legislature Theory Michael Weingartner


221 The Roberts Court’s Functionalist Turn in Administrative Law Thomas A. Koenig & Benjamin R. Pontz
257 The Meaning of “Public Meaning”: An Originalist Dilemma Embodied by Mahanoy Area School District Frances Williamson

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