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Nicholas Quinn Rosenkranz

Professor of Law

B.A., J.D., Yale

Areas of Expertise:

Constitutional Law, Courts and Judges, Legislation

Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review. He is currently...

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Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.

He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitled The Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.

Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.

Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE).  He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.

Recent Scholarship

Contributions to Law Reviews and Other Scholarly Journals

  • Nicholas Quinn Rosenkranz, Intellectual Diversity in the Legal Academy, 37 Harv. J.L. & Pub. Pol'y 137-143 (2014).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Nicholas Quinn Rosenkranz, Bond v. United States: Concurring in the Judgment, 2014 Cato Sup. Ct. Rev. 285-306.    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
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All Scholarship 2002 - Present

Forthcoming Works and Works in Progress

  • Nicholas Quinn Rosenkranz, The Subjects of the Constitution (Oxford University Press forthcoming).   

Contributions to Law Reviews and Other Scholarly Journals

  • Nicholas Quinn Rosenkranz, Intellectual Diversity in the Legal Academy, 37 Harv. J.L. & Pub. Pol'y 137-143 (2014).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Nicholas Quinn Rosenkranz, Bond v. United States: Concurring in the Judgment, 2014 Cato Sup. Ct. Rev. 285-306.    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Nicholas Quinn Rosenkranz, Bond v. United States: Can the President Increase Congress's Legislative Power by Entering into a Treaty?, 8 N.Y.U. J. L. & Liberty 228-232 (2013).    [HEIN] [W] [SSRN] [Gtown Law] [WWW]
  • Nicholas Quinn Rosenkranz, Eugene Kontorovich, Rick Pildes & Ilya Somin, Debate on the Treaty Power, 3 J.L. (3 The Post) 111-172 (2013).    [HEIN] [W] [WWW]
  • Nicholas Quinn Rosenkranz, The Objects of the Constitution, 63 Stan. L. Rev. 1005-1069 (2011).    [HEIN] [W] [SSRN] [WWW]
  • Nicholas Quinn Rosenkranz, The Subjects of the Constitution, 62 Stan. L. Rev. 1209-1292 (2010).    [HEIN] [W] [SSRN] [Gtown Law]
  • Nicholas Quinn Rosenkranz, An American Amendment, 32 Harv. J.L. & Pub. Pol'y 475-482 (2009).    [HEIN] [W] [SSRN]
  • Nicholas Quinn Rosenkranz, Condorcet and the Constitution: A Response to the Law of Other States, 59 Stan. L. Rev. 1281-1308 (2007).    [HEIN] [W] [SSRN]
  • Nicholas Quinn Rosenkranz, Executing the Treaty Power, 118 Harv. L. Rev. 1867-1938 (2005).    [HEIN] [W] [SSRN]
  • Nicholas Quinn Rosenkranz, Federal Rules of Statutory Interpretation, 115 Harv. L. Rev. 2085-2157 (2002).    [HEIN] [W] [SSRN]

U.S. Supreme Court Briefs

  • Brief of Amicus Curiae Manhattan Institute for Policy Research in Support of Petitioner, City of Los Angeles v. Patel, No. 13-1175 (U.S. Dec. 22, 2014).    [W] [WWW]
  • Brief of Amici Curiae Cato Institute, Center for Constitutional Jurisprudence, and Atlantic Legal Foundation in Support of Petitioner, Bond v. United States, No. 12-158 (U.S. May 22, 2013).    [W] [WWW]
  • Brief of Amici Curiae Cato Institute and Center for Constitutional Jurisprudence in Support of Petitioner, Bond v. United States, No. 12-158 (U.S. Aug. 31, 2012).    [W] [WWW]
  • Brief of Amicus Curiae The Cato Institute in Support of Petitioner, Golan v. Holder, No. 10-545 (U.S. June 20, 2011).    [W] [WWW]
  • Brief of Respondent, Maples v. Thomas, No. 10-63 (U.S. June 30, 2011).    [W] [WWW]
  • Brief for Respondent, Hardt v. Reliance Standard Life Ins. Co., No. 09-448 (U.S. Mar. 24, 2010).    [W]

Congressional Testimony

  • Settling the Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers?: Hearing Before the Subcomm. on Oversight & Investigations of the H. Comm. on Fin. Servs., 114th Cong., May 19, 2016 (Statement of Nicholas Quinn Rosenkranz) (CIS No.: Pending).    [WWW]
  • Attorney General Nomination: Hearing Before the S. Comm. on the Judiciary, 114th Cong., Jan. 28-29, 2015 (Statement of Nicholas Quinn Rosenkranz) (CIS-No.: Pending).   
  • The President’s Constitutional Duty To Faithfully Execute the Laws: Hearing Before the H. Comm. on the Judiciary, 113th Cong., Dec. 3, 2013 (Statement of Nicholas Quinn Rosenkranz) (CIS-No.: 2014-H521-7).    [WWW]
  • Confirmation Hearing on the Nomination of Hon. Sonia Sotomayor, To Be an Associate Justice of the Supreme Court of the United States: Hearing Before the S. Comm. on the Judiciary, 111th Cong., July 16, 2009 (Statement of Nicholas Quinn Rosenkranz) (CIS-No.: 2011-S521-1).    [Gtown Law] [WWW]
  • Impact of the Presidential Signing Statement on the Department of Defense's Implementation of the Fiscal Year 2008 National Defense Authorization Act: Hearing Before the Subcomm. on Oversight & Investigations of the H. Comm. on Armed Servs., 110th Cong., Mar. 11, 2008 (Statement of Nicholas Quinn Rosenkranz) (CIS-No.: 2009-H201-37).    [Gtown Law]
  • Presidential Signing Statements Under the Bush Administration: Hearing Before the H. Comm. on the Judiciary, 110th Cong., Jan. 31, 2007 (Statement of Nicholas Quinn Rosenkranz) (CIS-No.: 2007-H521-18).    [Gtown Law]
  • Presidential Signing Statements: Hearing Before the S. Comm. on the Judiciary, 109th Cong., June 27, 2006 (Statement of Nicholas Quinn Rosenkranz) (CIS-No.: 2007-H521-18).    [Gtown Law]
  • House Resolution on the Appropriate Role of Foreign Judgements in the Interpretation of the Constitution of the United States: Hearing Before the Subcomm. on the Constitution, H. Comm. on the Judiciary, 109th Cong., July 19, 2005 (Statement of Nicholas Quinn Rosenkranz) (CIS-No.: 2005-H521-48).    [Gtown Law]
Recent scholarship

In the News

"Can Jonathan Haidt Calm the Culture Wars?," coverage by The Chronicle of Higher Education, June 11, 2017, quoting Professor Nicholas Quinn Rosenkranz.

"Podcast: Article I and the role of Congress," a Constitution Daily podcast with Professor Nicholas Quinn Rosenkrantz, on April 13, 2017.

"Scrambled Eggheads Against Jeff Sessions," coverage in the National Review, January 2, 2017, featuring Professor Nicholas Quinn Rosenkranz.

"Legal Experts: Trump Victory Signals More Conservative SCOTUS– If He Sticks to List," coverage by CNS News, Nov. 9, 2016, quoting Professor Nicholas Rosenkranz.

"Too much order in the Supreme Court? No thrills in upcoming docket," coverage in Catholic News Service, September 23, 2016, quoting Professor Nicholas Quinn Rosenkranz.

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All News

"Can Jonathan Haidt Calm the Culture Wars?," coverage by The Chronicle of Higher Education, June 11, 2017, quoting Professor Nicholas Quinn Rosenkranz.

"Podcast: Article I and the role of Congress," a Constitution Daily podcast with Professor Nicholas Quinn Rosenkrantz, on April 13, 2017.

"Scrambled Eggheads Against Jeff Sessions," coverage in the National Review, January 2, 2017, featuring Professor Nicholas Quinn Rosenkranz.

"Legal Experts: Trump Victory Signals More Conservative SCOTUS– If He Sticks to List," coverage by CNS News, Nov. 9, 2016, quoting Professor Nicholas Rosenkranz.

"Too much order in the Supreme Court? No thrills in upcoming docket," coverage in Catholic News Service, September 23, 2016, quoting Professor Nicholas Quinn Rosenkranz.

“Settlement Slush funds, coverage by The Washington Post, September 1, 2016, by Professor Nicholas Quinn Rosenkranz.

“The Justice Department’s bank settlement slush fund”, coverage by The Washington Post, August 31, 2016, featuring Professor Nicholas Quinn Rosenkranz

"Will: A slush fund by any other name," an opinion piecen in The Mercury News, August 31, 2016, quoting Professor Nicholas Quinn Rosenkranz.

"Attention Students: Blueprints released on how to fight for intellectual diversity on campus," coverage by The College Fix, August 24, 2016, quoting Professor Nicholas Quinn Rosenkranz.

"New Heterodox Academy initiative," an opinion piece by Professor Nicholas Quinn Rosenkranz, in The Washington Post, August 23, 2016.

"Administration Picked Liberal Activist Groups Over Victims in Bank Settlements," coverage in Financial Services Committee, May 19, 2016, featuring Professor Nicholas Quinn Rosenkranz.

Conservative ideas needed on campus as counterweight to progressive orthodoxy, scholar says,” coverage in The Washington Times, May 9, 2016, quoting Professor Nicholas Rosenkranz.

AEI event on Thursday — The Court: Power, policy and self-government,” an opinion piece by Professor Nicholas Rosenkranz, Washington Post, March 26, 2016.

"Will the U.S. Supreme Court Tell Obama to 'Take Care'?," The Atlantic, January 21, 2016, quoting Professor Nicholas Quinn Rosenkranz

"Georgetown constitutional law professor shifts from Bush to Rubio," Politico, October 27, 2015, featuring Professor Nicholas Quinn Rosenkranz

"Federal Judge Rules Municipal Police Can Never Be Considered Soldiers," New American, March 29, 2015, quoting Professor Nicholas Quinn Rosenkranz.

"The Other Big Supreme Court Case To Watch This Week," Forbes, March 3, 2015, mentioning Professor Nicholas Quinn Rosenkranz.

"Obamacare case: All eyes on 2 justices," Politico, March 3, 2015, quoting Professor Nicholas Quinn Rosenkranz and Professor Neal Katyal

"Obama Administration, Holder Assailed at Lynch Hearing," National Law Journal, January 30, 2015, mentioning Professor Nicholas Quinn Rosenkranz.

"Why is Sharyl Attkisson testifying at Loretta Lynch’s confirmation hearing?," coverage in The Washington Post, January 28, 2015, featuring Professor Nicholas Quinn Rosenkranz. Further coverage includes: The National Law Journal, The New York Law JournalLegal Times, and The Milwaukee Journal Sentineland Bloomberg Politics.

"Obama’s Executive Order on Immigration: Usurping Constitutional Authority?," coverage in Center for Research on Globalization, November 27, 2014, featuring Professor Nicholas Q. Rosenkranz. 

 "After Holder," The Weekly Standard, October 13, 2014, quoting Professor Nicholas Quinn Rosenkranz.

"The IRS Targeted Organizations Teaching The Constitution And Bill Of Rights," coverage in Fox News, September 24, 2014, featuring Professor Nicholas Quinn Rosenkranz.

"Boehner vs. Obama Case Might Never Get to Court," coverage in The Fiscal Times, June 26, 2014, featuring Professor Nicholas Quinn Rosenkranz.

"Bond v. U.S. Doesn't Mean Latvian Cops Are Coming For Your Guns," coverage in The Atlantic, June 5, 2014, quoting Professor Nicholas Quinn Rosenkranz.

"Is the President ignoring laws?" coverage on Lou Dobbs Tonight on Fox Business, March 13, 2014, quoting Professor Nicholas Rosenkranz.

"Obama administration: portrait in lawlessness?," coverage on Fox News, February 17, 2014, featuring Professor Nicholas Rosenkranz.

"The Supreme Court Should Stay Out of the Noel Canning Recess Fight," coverage by the Huffington Post, January 14, 2014, featuring Professor Nicholas Quinn Rosenkranz.

"Yakima firm’s labor fight turns into test of Obama’s powers," coverage in the Seattle Times, January 12, 2014, featuring Professor Nicholas Quinn Rosenkranz.

 "Recess Appointments Debate," coverage on C-SPAN, January 10, 2014, featuring Professor Nicholas Quinn Rosenkranz.

 "Presidential Power Case Before Court Hinges on History," USA Today, January 9, 2014, quoting Professor Nicholas Quinn Rosenkranz.

"US Supreme Court: The Look Ahead in 2014," coverage on Fox News, December 27, 2013, featuring Professor Nicholas Rosenkranz.

"Sex, Ducks, and The Founding Feud," a Radiolab podcast with Professor Nicholas Quinn Rosenkranz discussing Bond v. United States, December 19, 2013.

"Why the 'Impeach Obama' Campaign Will Go Nowhere," Boston Globe, December 18, 2013, an opinion piece that mentions Professor Nicholas Quinn Rosenkranz.

Professor Nicholas Rosenkranz's testimony before the House Judiciary Committee on December 3, 2013 drew coverage by the Houston Chronicle, the National Review, The Spokesman-Review,  The Blog of Legal Times, The Christian Science Monitor, Fox News On the Recordand the International Business Times.

 "Poisoning Case Has Constitutional Implications," Politico.com, November 5, 2013, quoting Professor Nicholas Rosenkranz.

"Justices Weigh Chemical Weapons Case of a Woman Scorned," coverage on USA Today, November 3, 2013, featuring Professor Nickolas Rosenkranz. 

"Obama Suspends the Law. What Would Lincoln Say?," an opinion piece by Professor Nicholas Quinn Rosenkranz in the Wall Street Journal, August 16, 2013.

Professor Nicholas Quinn Rosenkranz's brief in Bond vs. U.S. is featured in the National Law Journal, June 3, 2013.

"The Academy's War on Free Thinking," an opinion piece in the Washington Times, May 27, 2013, featuring Professor Nicholas Quinn Rosenkranz.

"Drug-Sniffing Cases Send Supreme Court to the Dogs," coverage by McClatchy, October 26, 2012, featuring Professor Nicholas Quinn Rosenkranz.

"Court in New Term Weighs Same-Sex to Race-Related Laws," coverage by Bloomberg, October 1, 2012, featuring Visiting Professor Pamela Harris and Professor Nicholas Quinn Rosenkranz.

Professor Nicholas Quinn Rosenkranz talked to FOX News about Supreme Court Justice Anthony Kennedy's past opinions, June 27, 2012.

"Kennedy's Pivotal Vote Focuses on Freedom as Court Ruling Looms," coverage by Bloomberg, June 14, 2012, featuring Professor Nicholas Quinn Rosenkranz.

Recent News

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