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 ...
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Most surprisingly to me, the court ...
Discover what the separation of powers is in the U.S. Constitution. Learn about its three branches, checks and balances, and why it matters for American democracy. Do you know that the separation of ...
Earlier this month, I filed suit against the U.S. Treasury to preserve Missouri's ability to cut taxes, ensuring that the federal government is kept in check—and illustrating the importance of the ...
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 ...
Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean for the law, for lawyers and lower courts, and for people’s lives. […] The ...
Regarding our Supreme Court, I am, once again, puzzled by our country’s claim that we have “separation of powers,” with checks and balances. Considering that the executive branch (listening to Mitch ...
To the editor — As 2025 closes, America must recommit to the profound truth of our inheritance: the Constitution's separation of powers. This vital firewall against institutional power, whether ...
Editor: Napoleon Bonaparte reportedly said “He who saves his country, violates no law.” Now President Trump echoes these same words as he tries to dismantle our democracy by indiscriminately cutting ...
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