William Baude

William Baude

Professor of Law, Faculty Director, Constitutional Law Institute

William Baude is a Professor of Law and the Faculty Director of the Constitutional Law Institute at the University of Chicago Law School, where he teaches federal courts, constitutional law, and elements of the law. His current research interests include the incorporation of the bill of rights, the "zeroth" restatement of the conflict of laws, the structure of incidental rights and powers, and the doctrine of severability.

Among his other activities: he is the co-editor of the textbook, The Constitution of the United States; he is an Affiliated Scholar at the Center for the Study of Constitutional Originalism, a founding member of the Academic Freedom Alliance, and a member of the American Law Institute (where he has advised on the Third Restatement of the Conflict of Laws); he is an occasional blogger at the Volokh Conspiracy and at Summary, Judgment; and he has two podcasts, Dissenting Opinions and Divided Argument.

He received his BS in Mathematics from the University of Chicago and his JD from Yale Law School. He then clerked for then-Judge Michael McConnell on the United States Court of Appeals, and Chief Justice John Roberts on the United States Supreme Court. Before joining the Chicago faculty he was a fellow at the Stanford Constitutional Law Center, and a lawyer at Robbins Russell, LLP in Washington, DC.


Yale Law School
JD, 2007
Articles and Essays Editor, Yale Law Journal

University of Chicago
BS in mathematics with specialization in economics, 2004
General Honors
Sigma Xi Honors Society


University of Chicago Law School
Professor of Law and Aaron Director Research Scholar, 2018-2020
Neubauer Family Assistant Professor of Law, 2014-2018

Stanford Law School
Visiting Assistant Professor of Law, Winter/Spring 2018
Fellow, Constitutional Law Center, 2011-2013 

University of San Diego Law School
Summer Fellow, Center for the Study of Constitutional Originalism, 2012 & 2013

Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP Washington, DC
Associate, 2009-2011

Chief Justice John G. Roberts, Jr., U.S. Supreme Court
Law clerk, 2008- 2009

Judge Michael McConnell, U.S. Court of Appeals for the Tenth Circuit Salt Lake City, UT
Law clerk, August 2007-2008

Books (Author)

  • The Constitution of the United States (4th ed.) (Foundation, Forthcoming)2021) (with Michael S. Paulsen, Michael W. McConnell & Samuel Bray).
  • The Constitution of the United States (3rd ed.) (Foundation Press, 2016) (with Michael S. Paulsen & Steven Calabresi & Michael W. McConnell & Samuel Bray ).cu

Journal Articles

  • "The Real Enemies of Democracy," 109 California Law Review __ (2021) (forthcoming) (with Pamela S. Karlan).
  • "Is Quasi-Judicial Immunity Qualified Immunity?," 73 Stanford Law Review __ (2021) (Forthcoming). ssrn
  • "The Misunderstood Eleventh Amendment," 169 University of Pennsylvania Law Review 609 (2021) (with Stephen E. Sachs).
  • "Constitutionalizing Interstate Relations: The Temptation of the Dark Side," 44 Harvard Journal of Law and Public Policy 57 (2021). www
  • "Adjudication Outside Article III," 133 Harvard Law Review 1511 (2020). ssrn www
  • "Precedent and Discretion," 2019 Supreme Court Review 313 (2020). www
  • "The Unconstitutionality of Justice Black," 98 Texas Law Review 327 (2019). www
  • "Grounding Originalism," 113 Northwestern University Law Review 1455 (2019) (with Stephen E. Sachs). ssrn
  • "Constitutional Liquidation," 71 Stanford Law Review 1 (2019). ssrn cu
  • "Originalism and the Law of the Past," 37 Law & History Review 809 (2019) (with Stephen E. Sachs). ssrn www
  • "Compelled Subsidies and the First Amendment," 132 Harvard Law Review 171 (2018) (with Eugene Volokh). ssrn cu
  • "Arguing with Friends," 117 Michigan Law Review 319 (2018) (with Ryan D. Doerfler). ssrn cu
  • "Is Qualified Immunity Unlawful?," 106 California Law Review 45 (2018). ssrn cu www
  • "Originalism as a Constraint on Judges," 84 University of Chicago Law Review 2213 (2018). ssrn cu
  • "The (Not So) Plain Meaning Rule," 84 University of Chicago Law Review 539 (2017) (with Ryan D. Doerfler). cu
  • "Standing in the Shadow of Congress," 2016 Supreme Court Review 197 (2017). cu www
  • "Making Doctrinal Work More Rigorous: Lessons from Systematic Reviews," 84 University of Chicago Law Review 37 (2017) (with Adam Chilton & Anup Malani). ssrn cu
  • "Sovereign Immunity and the Constitutional Text," 103 Virginia Law Review 1 (2017). ssrn cu
  • "A Call for Developing a Field of Positive Legal Methodology," 84 University of Chicago Law Review 1 (2017) (with Adam Chilton & Anup Malani). cu
  • "The Law of Interpretation," 130 Harvard Law Review 1079 (2017) (with Stephen E. Sachs). ssrn cu
  • "Micro-Symposium: Richard Posner's 'What is Obviously Wrong with the Federal Judiciary'," 20 Green Bag 81 (2016). cu
  • "Originalism's Bite," 201 Green Bag 103 (2016) (with Stephen E. Sachs). ssrn cu
  • "The Positive Law Model of the Fourth Amendment," 129 Harvard Law Review 1821 (2016) (with James Y. Stern). ssrn cu www
  • "Is Originalism Our Law?," 115 Columbia Law Review 2349 (2015). cu www
  • "State Regulation and the Necessary and Proper Clause," 65 Case Western Reserve Law Review 308 (2015). ssrn cu
  • "Foreword: The Supreme Court's Shadow Docket," 9 New York University Journal of Law and Liberty 1 (2015). cu
  • Response, "Sharing the Necessary and Proper Clause", 128 Harvard Law Review Forum 39 (2014) (response to John Manning, The Supreme Court, 2013 Term – Foreword: The Means of Constitutional Power, 128 Harv. L. Rev. 1 2014). ssrn cu
  • "Understanding Prophylactic Supreme Court Decisions," JOTWELL __ (2014). www
  • "State Boundaries and Constitutional Limits," JOTWELL __ (2013). www
  • "Jurisdiction and Constitutional Crisis," 65 Florida Law Review Forum 1 (2013) (response to Gerard N. Magliocca, The Gold Clause Cases and Constitutional Necessity, 64 FLA. L. REV. 1243 2012). ssrn cu www
  • "Rethinking the Federal Eminent Domain Power," 122 Yale Law Journal 1738 (2013). ssrn cu www
  • "Interstate Recognition of Same-Sex Marriage After Windsor," 8 New York University Journal of Law and Liberty 150 (2013). ssrn cu
  • "New Light on the Old World of Commandeering," JOTWELL __ (2012). www
  • "Clarification Needed: Fixing the Jurisdiction Venue and Clarification Act," 110 Michigan Law Review First Impressions 33 (2012). ssrn cu www
  • "Beyond DOMA: Choice of State Law in Federal Statutes," 64 Stanford Law Review 1371 (2012). ssrn cu
  • "Signing Unconstitutional Laws," 86 Indiana Law Journal 303 (2011). ssrn cu www
  • "Access to Eagles," 14 Green Bag 245 (2011).
  • "The Judgment Power," 96 Georgetown Law Journal 1807 (2008). ssrn cu

Book Sections

  • "The Contingent Federal Power to Regulate Marijuana," in Marijuana Federalism: Uncle Sam and Mary Jane, Jonathan Adler ed. (Brookings Institution Press, 2020).
  • "The Court, or The Constitution?," in Moral Puzzles and Legal Perplexities: Essays on the Influence of Larry Alexander, Heidi Hurd ed. (Cambridge University Press, 2018). ssrn cu
  • "The Treaty Power," in The Encyclopedia of the Supreme Court.2008).

Other Publications

  • Regular Contributor, The Volokh Conspiracy. www
  • "Professor Justin Simard Writes In On the Importance of Citing Slavery," Reason, November 13, 2020. www
  • "How Should Universities (Especially Law Schools) Treat the Powerful?," Reason, September 11, 2020. www
  • "Why Conservatives Shouldn't Give Up On Originalism," New York Times, July 13, 2020.
  • www
  • "Should Federal Indian Law Be Textualist?," The Volokh Conspiracy, October 31, 2019 (with M. Todd Henderson). www
  • "The UChicagoan: William Baude SB’04," The University of Chicago Magazine, 2019. www
  • "Were the Framers Originalists (and Does It Matter)?," Balkinization, October 24, 2018. www
  • "Beyond the War on Terror (reviewing James Pfander, Constitutional Torts and the War on Terror)," Balkinization, May 19, 2017. www
  • "Constitutional Officers: A Very Close Reading," JOTWELL, July 28, 2016. www
  • "Why the Supreme Court's Texas Abortion Decision Is So Momentous," New York Times Magazine, June 2016 (with Eric A. Posner & Emily Bazelon ). www
  • "What Do This Week's Supreme Court Decisions Mean For Immigration and Affirmative Action?," New York Times Magazine, June 24, 2016 (with Emily Bazelon, Eric A. Posner & Nicole Hannah-Jones). www
  • "Star Wars Destroyed (reviewing Cass R. Sunstein, The World According to Star Wars)," The New Rambler, May 31, 2016. www
  • "The Supreme Court After Scalia," Chicago Tribune, February 11, 2016. www
  • "Is Polygamy Next?," New York Times, July 21, 2015. www
  • "The Power of Promises," JOTWELL, July 10, 2015. www
  • "Is the Death Penalty Unconstitutional?," New York Times, July 7, 2015. www
  • "The Legal Power of Standing," New York Times, May 14, 2015. www
  • "Could Obama Bypass the Supreme Court?," New York Times, March 17, 2015. www
  • "The Supreme Court's Secret Decisions," New York Times, February 3, 2015. www
  • "Originalism: A Debate," University of Chicago Law School Record, Spring 2015 (with Eric A. Posner).
  • "Originalism and the Positive Turn," Liberty Law Forum, December 12, 2014. www
  • "The Takings Clause," in The Heritage Guide to the Constitution., Matthew Spalding & David F. Forte eds. 2014). cu
  • "Where do the Supreme Court's Campaign Finance Cases Come From?," WashingtonPost.com, April 3, 2014. www
  • "Whatever Your Ideology, President Obama’s Appointments Are Unconstitutional," Forbes, January 2014.
  • "The Problem with Retroactivity Rules," The New York Times Room for Debate, September 18, 2013. www
  • "Constitutional Avoidance in Baby Girl," PrawfsBlawg, June 29, 2013. www
  • "Married in New York but Not in Texas," Slate, April 2013. www
  • "Last Chance on Death Row," Wilson Quarterly, 2010. ssrn
  • "States of Confusion," New York Times, January 22, 2006. www
  • "What Divides The Court, and What Unites It," SCOTUSblog, June 27, 14. www

Memberships and Professional Affiliations

  • Bar admissions, Illinois, the District of Columbia, and the U.S. Court of Appeals for the Fourth Circuit
  • Affiliated Scholar, Center for the Study of Constitutional Originalism, University of San Diego Law School
  • Advisor, Regulation and Rule of Law Initiative, Hoover Institution (2016-present)
  • Board of Directors, The Yale Law Journal Corporation (2014-present; President 2015-present)
  • Member, American Law Institute (Adviser, Third Restatement of the Conflict of Laws)

Awards and Honors

  • Graduating Students Teaching Award (2020)
  • Paul M. Bator Award (2017)

Editorial Work