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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Trump Should Re-Issue Order to and “Through” Newsom

Edward Whelan

I just listened to the 70-minute hearing that federal district judge Charles Breyer held on California’s motion for a temporary…

Articles

National Review Online / June 12, 2025

Some Thoughts On Emil Bove’s Third Circuit Nomination

Edward Whelan

An inane concerted attack on me last week by senior Department of Justice officials foreshadowed Donald Trump’s announcement on Wednesday that he will nominate…

Articles

National Review Online / May 30, 2025

‘Old Paths to the Supreme Court’

Edward Whelan

That’s the title of my new Confirmation Tales post, which examines the professional experience of Supreme Court appointees from 1900 up…

Articles

National Review Online / May 29, 2025

Court’s Ruling on Removal Authority Gives Trump Free Rein to Fire Civil-Service Employees

Edward Whelan

The Supreme Court’s order yesterday in Trump v. Wilcox (which I summarized here) has one huge consequence that the dissenters failed to point…

Articles

National Review Online / May 23, 2025

The Supreme Court’s Last Chance to Rein in Universal Injunctions

Michael Fragoso

The Supreme Court recently heard arguments in Trump v. CASA, Inc., a case that could decide the future of so-called universal or “non-party”…

Articles

City Journal / May 20, 2025

The Cost of Inaction in Maine

Michael Fragoso

The people of Maine’s 90th district are currently without representation in their House of Representatives. This is because their representative, Laurel…

Articles

National Review Online / May 20, 2025

Supreme Court Rules Against Trump on Venezuelan Deportations

Edward Whelan

By a vote of 7 to 2, the Supreme Court today ruled that two detainees who were deemed to be members of…

Articles

National Review Online / May 16, 2025