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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More on the Senate and Majority Rule

Michael Fragoso

Just in time for the 250th anniversary of the Declaration of Independence, the president reiterated his call to abolish the…

Articles

National Review / July 15, 2026

Congress Should End Retribution Fund for Good

Michael Fragoso

Regarding your editorial “Republicans Can Kill the Retribution Fund” (June 3), congressional Republicans have railed against judgment-fund settlement abuse for…

Articles

Wall Street Journal / July 9, 2026

Why Not Five Votes to Rule Against Birthright-Citizenship EO on Statutory Grounds?

Edward Whelan

I was expecting that the Court would rule in Trump v. Barbara that President Trump’s executive order violates 8 U.S.C. § 1401(a) and thus find it…

Articles

National Review / July 9, 2026

The REALLY SAVE America Act

Michael Fragoso

This week, the Supreme Court held that Congress has deferred to the states with regard to what counts as Election…

Articles

National Review / July 8, 2026

Considerations for the Deputy Attorney General

Michael Fragoso

Things seem to be looking good for Todd Blanche’s nomination as attorney general. Problems can always arise, but as of…

Articles

National Review / July 7, 2026

Democrats Should Support the SAVE America Act

Michael Fragoso

Again with the “talking filibuster.” As I’ve argued many times, it’s an invitation to a quagmire. The history of old-fashioned filibusters shows that…

Articles

National Review / July 6, 2026

A Sparkling Lame-Duck Deal on Judges

Michael Fragoso

As Judge Sparkle Sooknanan puts a stop to federal-state cooperation on purging noncitizens from the voter rolls, it has been…

Articles

National Review / June 30, 2026