Michael Stokes Paulsen

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Freedom for Religion

The First Amendment’s religious-freedom provisions are best understood as protecting “freedom for religion”—religious liberty for the benefit of religion, for generous protection of its free exercise by individuals and groups, and for the autonomy of religious institutions. The Supreme Court’s most recent decisions appear headed in that direction.

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The Constitutional Power To Interpret International Law

118 Yale L.J. 1762 (2009).  What is the force of international law as a matter of U.S. law? Who determines that force? This Essay maintains that, for the United States, the U.S. Constitution is always supreme over international law. To the extent that the regime of international law yields determinate commands in conflict with the Constitution’s commands or assignments of...

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Commentary: How To Interpret the Constitution (and How Not To)

115 Yale L.J. 2037 (2006)