New Marquette Lawyer Magazine Offers Insights into the State of the Nation—and More
It is a longstanding tradition that the president of the United States gives a State of the Union address each year. Consider the Fall 2026 issue of Marquette Lawyer magazine a “state of the union” report issuing from Marquette Law School as Americans mark the 250th anniversary of the Declaration of Independence. But the magazine’s approach, a bit different from that in D.C., offers nonpartisan insights into the content of the Declaration itself, the dynamic realities of the American legal system, and the lives of the people of the union.
It may seem initially curious that the most prominent part of this “state of the union” report is titled “Unstated.” In the magazine’s cover story, Thomas W. Merrill, the Charles Evans Hughes Professor of Law at Columbia University, analyzes how three “implicit ideas” have reshaped the way the federal government operates—to put it more specifically and critically, how these unstated precepts have sidelined Congress and empowered the president and the courts. Merrill, an unusually well-respected figure in the legal world, calls the changes “a fundamental deformation of the Constitution.” The article, which is a lightly edited version of the E. Harold Hallows Lecture delivered by Merrill at Marquette Law School on March 2, 2026, may be read by clicking here. A piece profiling Merrill, titled “‘A Centrist Kind of Guy,’ with Impact,” accompanies the text and may be read by clicking here.
Law School Dean Joseph D. Kearney offered insights into the content and context of the Declaration of Independence in an address to the Milwaukee Rotary Club on July 14, 2026. Kearney called the Declaration “an intensely practical document” that sets out basic principles for the new nation while providing good legal and political arguments for why independence from Great Britain was necessary. The text of his remarks, “Some Reflections on the Declaration of Independence,” may be found by clicking here.


