Constitution
Justice Department Reportedly Asks Congress for Indefinite Detention Powers To Fight Coronavirus
Congress should loudly and unanimously reject this insanity.
Police Powers During a Pandemic: Constitutional, but Not Unlimited
Weighing the state and local response to COVID-19
Would Italian-Style Lockdowns to Curtail the Spread of Coronavirus Pass Legal Muster in the U.S.?
The extent of state and federal quarantine powers is surprisingly unsettled.
The Looming Supreme Court Showdown Over Sanctuary Cities
The legal battle over immigration, federalism, and executive power heats up.
Would a Presidential Pardon for Roger Stone Be Unconstitutional?
The argument requires several controversial assumptions and leaps of logic.
Bivens Liability and Its Alternatives
If the Court is going to abolish the 20th century remedies, can we at least have the 19th century remedies back?
Supreme Court Weighs Free Speech and the Right to Encourage Illegal Immigration
The justices heard oral arguments this week in United States v. Sineneng-Smith.
Can Senseless Gun Regulations Be Constitutional?
Under New York's rules, licensed pistol and revolver owners were not allowed to leave home with their handguns unless they were traveling to or from a shooting range.
Yes, the Constitution Means Your Political Opponents Get Due Process Too
Americans are so locked into their political sides that many of them seem willing to cast aside some of the nation's long-established constitutional protections.
The Supreme Court Tackles Police Shootings, Excessive Force, and the Fourth Amendment
What’s at stake in Torres v. Madrid
This New Deal Precedent May Decide the Fate of Elizabeth Warren's Consumer Financial Protection Bureau
What’s at stake in Seila Law v. Consumer Financial Protection Bureau.
The Coronavirus and the Constitution
From Louisiana State University law professor Ed Richards.
Did Republicans Buy the Argument That Impeachment Requires a Crime?
While some senators seemed to endorse that misbegotten claim, others explicitly rejected it.
This Crackdown on a Jury Nullification Activist Violates the First Amendment
What’s at stake in Michigan v. Wood
This Is the Executive War-Making the Founders Tried To Prevent
The framers of the Constitution were quite right that wars should be difficult to start and easy to end.
Trump Lawyer Alan Dershowitz Abandons His Position That Impeachment Requires a Crime
He says "criminal-like behavior akin to treason or bribery" is enough, even if it's not "a technical crime with all the elements."
Forthcoming Article on "Overturning a Catch-22 in the Knick of Time: Knick v. Township of Scott and the Doctrine of Precedent"
The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.
Donald Trump's Costanza Defense
The president’s lawyers argue that abuse of power is not impeachable unless it breaks the law.
The Return of the "Faithless Elector"
The Supreme Court agrees to hear two cases on the scope of presidential elector discretion
By Withholding Funds to Ukraine, Trump Broke the Law
The Government Accountability Office says Trump's spending delay was illegal.
Uber's Lawsuit Against California's Anti-Freelancer Law Is Missing a Key Constitutional Element
It's crucial to get the constitutional text and history straight.
Lawson on Conservatives versus Constitutionalists
Is the Rule of Law a Law of Rules or a Law of Law? Some conservatives seem to prefer the former. Should they?
Rudy Giuliani Wants the Supreme Court To Nullify Trump's 'Unconstitutional' Impeachment
The legal basis for such a ruling is hard to find.
No War With Iran, House Tells Trump. Next Up: Finally Forbidding Military Force in Iraq?
Plus: Tarriffs are killing U.S. wine, Vermont bill would ban cell phones for kids, and more...
Sarah Sanders 'Can't Think of Anything Dumber Than Allowing Congress To Take Over Our Foreign Policy'
The former press secretary thinks abiding by the Constitution would be the worst thing for America right now.
Justice Department Tells States the Equal Rights Amendment Is Dead
Plus: Rand Paul says White House's war-powers arguments are "absurd," the Cato Institute wants Congress to investigate the FBI, and more...
California Law Unconstitutionally Discriminates Against Certain Workers, Argue Uber and Postmates
Gig workers and companies are suing over a California law, AB 5, that criminalizes their continued employment.
Now That It's Toothless, Obamacare's Individual Mandate Is Unconstitutional
The shifting understanding of the requirement to buy health insurance elevates form above substance.
Impeachment Overshadows Obamacare Ruling
Plus: States sue to stop Equal Rights Amendment, French sex workers take prostitution laws to E.U. court of human rights, and more...
Elizabeth Warren Wants To Tax Lobbying
Her lobbying tax proposal is pseudo-policy, a veneer of wonky seriousness over dubious populist dogma.
It's Bill of Rights Day. Do Americans Still Care?
The greatest threat to protections for our freedom may be people's fear that people who disagree with them are exercising their rights.
"High Crimes and Misdemeanors" as an Inkblot
No constitutional provision should be ignored just because it may be difficult to discern
California Court of Appeal decides Vaquero, an interesting private-delegation case
Banzai! Can surface rights owners control the rights of those who own the mineral rights underneath? In this case, yes.
Alito Faults Supreme Court for Refusing to Hear 'Disfavored Speech' Case
“If the Court is serious about protecting freedom of expression, we should grant review.”
New York City, Which Defended Its Onerous Gun Transport Restrictions As Necessary for Public Safety, Concedes They Weren't
Several justices seem skeptical of the claim that revising the rules after SCOTUS agreed to consider a challenge to them made the case moot.
Gun Control Returns to the Supreme Court
The justices will hear oral arguments today in a major Second Amendment case.
Oregon Cops Are No Longer Allowed To Routinely Turn Traffic Stops Into Criminal Investigations
The Oregon Supreme Court says police may not grill drivers or ask to search their cars without reasonable suspicion of criminal activity.
Kavanaugh Joins Gorsuch in Fight To Revive Nondelegation Doctrine
An important development in the legal wrangling over the separation of powers.
Judge Napolitano: Enough Evidence 'To Justify About Three or Four Articles of Impeachment'
“The evidence of his impeachable behavior at this point, in my view, is overwhelming," says the Fox News analyst.
"I Don't Think We've Had Any [Constitutional] Crises in My Lifetime": Judge Douglas H. Ginsburg
The legendary jurist and champion of "originalism" who withdrew his name from Supreme Court consideration weighs in on Donald Trump's impeachment, Brett Kavanaugh, Neil Gorsuch, and his upcoming PBS series on the Constitution.
Puppies and Kittens Trump the Constitution
The new federal ban on animal cruelty converts the Commerce Clause into a general police power.
Is the "Faithless Elector" Coming to the Supreme Court?
A recently-filed cert petition gives the Court a good opportunity to rule on the constitutional role of presidential electors
What Is a 'Well Regulated Militia,' Anyway?
The Founders liked militias, but they also liked an armed citizenry. To them, the two ideas were inseparable.
