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 ...

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 ...

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 ...

“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 ...

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, ...

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 ...

Anne Kim and Garrett Epps discuss the foundational concepts of U.S. democracy, focusing on the separation of powers and the emerging threat of the “unitary executive” theory. They also discuss the ...

On Monday Dec. 1, the state Senate State Government Committee considered Senate Bill S4924, presented as an efficiency measure to consolidate investigative functions by transferring the ...