The U.S. Constitution was crafted in 1787 both to establish a new central government and to limit it. Some of the limitations are direct, some are subtle and some are hidden. The chief instrument of ...

Separation of powers is a topic that you just know is important but, given how short life surely is, that was an event that you might find an excuse to avoid. Still, there’s a lot to be said about the ...

Type to search articles, cases, and authors. Press ↵ to view all results. The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short ...

In recent years, the Supreme Court has gradually abandoned an idea – the separation of powers – that the Framers thought was vital to the preservation of liberty. Instead, the court seems to have been ...

In Employment Division v. Smith, Justice Scalia identified the concept of hybrid rights: a restriction that targets two constitutional rights would be reviewed with heightened scrutiny. For example, a ...

Federal courts have ruled that President Donald Trump did not have legal authority to impose his worldwide “Liberation Day” tariffs, nor his earlier tariffs on Mexico, Canada, and China. Trump and his ...

During oral argument in the Trump immunity case, Justice Kavanaugh articulated a strong understanding of the "clear statement" rule. Under this principle, statutes should be read to not apply to the ...

Montesquieu’s separation of powers assumed authority would be exercised through visible institutions. The AI era shifts this. Power operates through invisible infrastructure: Terms-of-service ...

Studies in democracy: Cicero, left, and Donald Trump. Capitoline Museum/Mary Harrsch and EPA-EFE/Will Oliver, CC BY-SA In the four weeks since he was inaugurated for his second term as US president, ...

“I have a phone and a pen,” President Barack Obama said when Congress rejected his request for a change in immigration law. With his phone and his pen, Obama created temporary amnesty for the Dreamers ...

Type to search articles, cases, and authors. Press ↵ to view all results. Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the ...