The Constitution, the Courts, and the Culture

The proper role of the courts in construing the Constitution is one of the most hotly contested issues in American society. Competing conceptions of the role of the courts animate election battles and fuel disputes over Supreme Court rulings, judicial nominations, and proposed constitutional amendments.

EPPC’s program on The Constitution, the Courts, and the Culture, under the direction of EPPC Distinguished Senior Fellow Edward Whelan, explores these competing conceptions and promotes principles of constitutional originalism and judicial restraint. We focus, in particular, on what is at stake for American culture writ large—for the ability of the American people to engage in responsible self-government and to maintain the “indispensable supports” of “political prosperity” that George Washington (and other Founders) understood “religion and morality” to be.

Through his program work, including his award-winning blogging on National Review Online’s Bench Memos, Mr. Whelan has been an influential commentator on confirmation battles for Supreme Court justices and lower-court judges.

Click here to sign up for email distributions of blog posts and other writings by Ed Whelan.

Amicus Briefs

EPPC and our scholars regularly file amicus briefs in key cases to promote a true and full account of human nature and human flourishing in the context of American constitutional law. Compiled on this page are some of our amicus briefs in cases addressing the right to life, marriage, gender ideology, religious freedom, free speech, and the rule of law. 

Program Publications

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Ed Whelan’s Extensive Commentary on United States v. Skrmetti

Edward Whelan

Over a period of months, EPPC Distinguished Senior Fellow Ed Whelan has written extensively about United States v. Skrmetti, the…

Mike Johnson must block Trump’s scheme on recess appointments

Edward Whelan

Trump is threatening to bypass Senate approval of his Cabinet picks. The House speaker should stop him.

Articles

The Washington Post / November 14, 2024

Sixth Circuit Panel Muddles Loper Bright, Botches Spending Clause

Edward Whelan

It also eviscerates Spending Clause limitations on the conditions that an agency can attach to grants to states.

Articles

National Review Online / September 6, 2024

Trump and the Conservative Legal Movement

Edward Whelan

The peril and promise of another term.

Articles

National Review / August 2, 2024

Iowa Supreme Court Upholds Heartbeat Law

Edward Whelan

Justice Matthew McDermott wrote the excellent majority opinion.

Articles

National Review Online / July 10, 2024

Texas Supreme Court Upholds Law Banning Transgender Medical Interventions on Children

Edward Whelan

The court ruled by a vote of 8 to 1 that a Texas law that prohibits certain medical treatments for children with gender dysphoria does not violate the state constitution.

Articles

National Review Online / July 10, 2024

Supreme Court’s Ruling on Facial Challenges in NetChoice Cases

Edward Whelan

The next order of business is to decide which of the laws’ applications violate the First Amendment, and to measure them against the rest.

Articles

National Review Online / July 9, 2024

Program Media

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Ed Whelan on the Use of Recess Appointments

Washington Journal / November 26, 2024

Ed Whelan discusses the President’s Power to Make Recess Appointments

We the People / November 21, 2024

Ed Whelan discusses how Trump will be able to nominate federal judges who serve for life

NPR / November 15, 2024

Ed Whelan on Biden’s Supreme Court Proposals

The Drew Mariani Show / August 5. 2024

Ed Whelan on Supreme Court Ethics

C-SPAN / June 4, 2024

VIDEO: Ed Whelan on the Leaked Dobbs Draft Opinion

Firing Line with Margaret Hoover / May 13, 2022

VIDEO: Ed Whelan on the Leaked Dobbs Opinion

EWTN News / https://www.youtube.com/watch?v=Wh_2yWEK2GA