The Yale Law Journal

Laurence H. Tribe


Transcending the Youngstown Triptych: A Multidimensional Reappraisal of Separation of Powers Doctrine

Laurence H. Tribe

The time is ripe for a reappraisal of the separation of powers as the organizing principle of our federal government. Most of the relevant doctrinal architecture has been constructed over the past seven decades. Perhaps because of Justice Robert H. Jackson’s incomparable brilliance as a writer, the …


Learning What From a Nominee's Views of Past Court Rulings?

Laurence H. Tribe

Reva Siegel and Robert Post have argued convincingly that constitutional democracy could be advanced while preserving judicial independence by the practice of asking Supreme Court nominees how they would have ruled in already decided cases—and by treating a refusal to respond to such inquiry as re…


The Anti-Emergency Constitution

Laurence H. Tribe & Patrick O. Gudridge

113 Yale L.J. 1801 (2004)


The season for talk of leaving the Constitution behind, while we grit our teeth and do what must be done in times of grave peril--the season for talk of saving the Constitution from the distortions wrought by sheer necessity, while we save ourselves from the d…


Waging War, Deciding Guilt: Trying the Military Tribunals

Neal Kumar Kaytal & Laurence H. Tribe

111 Yale L.J. 1259 (2002)

In this Essay, we argue that President Bush's recent Military Order, which directs his Defense Department to detain any members of an ill-defined class of individuals, potentially indefinitely, and to try them in military tribunals, jeopardizes the separation of powers today…