Josh Chafetz received his B.A. from Yale University, his doctorate in Politics from Oxford (where he studied as a Rhodes Scholar), and his J.D. from Yale Law School. Following law school, he clerked for Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit. Before coming to Georgetown, he spent twelve years on the faculty at Cornell Law School.

His research interests include structural constitutional law, legislation and legislative procedure, American political development, the intersection of law and politics, and American and British constitutional history. His second book, Congress’s Constitution: Legislative Authority and the Separation of Powers, was published by Yale University Press in 2017. He is also the author of Democracy’s Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions (Yale University Press, 2007) and is a co-editor (along with William N. Eskridge, Jr. and James Brudney) of the leading casebook in Legislation, Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy, published by West.

His scholarship has been published in the Harvard Law Review, Yale Law Journal, University of Chicago Law Review, University of Pennsylvania Law Review, Duke Law Journal, Georgetown Law Journal, Constitutional Commentary, and Yale Journal of Law & the Humanities, among others. He has also written for a number of popular press outlets, including the New York Times, Washington Post, Politico, Slate, The Atlantic, and The New Republic.

Chafetz regularly testifies before Congress on issues of congressional power and procedure, and he is the only person to have served on all three of the American Political Science Association Presidential Task Force on Congressional Reform, the Princeton University Initiative on Restoring the Constitutional Powers of Congress, and the Bipartisan Policy Center Article I Advisory Council. In 2026, he was the Order of the Coif’s national Distinguished Visitor, an honor bestowed on one legal scholar per year.

Scholarship

Forthcoming Works - Journal Articles & Working Papers

Josh Chafetz, The Chadha Presidency, 115 Geo. L.J. (forthcoming). [SSRN]

Books

William N. Eskridge Jr., James J. Brudney, Josh Chafetz, Philip P. Frickey & Elizabeth Garrett, Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy (St. Paul, Minn.: West Academic Publishing 7th ed. 2025). [BOOK]

Contributions to Law Reviews and Other Scholarly Journals

Josh Chafetz, 83 Wm. & Mary Q. 204-205 (2026) (reviewing Richard Primus, The Oldest Constitutional Question: Enumeration and Federal Power (Harvard University Press 2025)).
Josh Chafetz, Corruption and the Supreme Court, 36 Yale J.L. & Human. 165-186 (2025). [WWW] [HEIN] [W] [L] [SSRN]

Forthcoming Works - Book Chapters & Collected Works

Josh Chafetz, Of Multiplicity and Accountability, in Building Democratic Capacity: Essays on Administrative Law’s Futures (Blake Emerson, Joshua Macey, Sabeel Rahman & Bijal Shah eds., Cambridge University Press forthcoming).