Can Trump Order Congress Home and Unilaterally Fill Vacancies Via the Recess Appointment Power?
The president contemplates a sweeping exercise of executive authority.
Constitution
No, Trump Cannot Open the Country Back Up Whenever He Wants
The president again insisted that the federal government can open the country by fiat. It cannot.
Abortion Providers Plead With Supreme Court To Allow Abortion Pills in Texas
"Delaying abortions by weeks does nothing to further the State's interest in combatting COVID-19," they say.
Religious Freedom Clashes With Public Health Enforcers
Plus: Signal will leave the U.S. market if EARN IT passes, Justin Amash blasts Michigan shutdown orders, and more...
The Constitutional Case Against the Consumer Financial Protection Bureau
Will the Supreme Court question the underpinnings of the modern administrative state?
Trump Has Secret Emergency Powers?
"Presidential emergency action documents” concocted under prior administrations purport to give him such authority, according to a New York Times op-ed.
Another Trump-Appointed Judge Benchslaps the Trump Administration for Rewriting Federal Gun Laws
“The federal government forgot the Tenth Amendment and the structure of the Constitution itself.”
Will COVID-19 Kill the Constitution?
Politicians and the public are alarmingly willing to violate civil liberties in the name of fighting the epidemic.
This Business Is Suing the Government Over a Coronavirus Closure Order
"These uncompensated seizures violate the Takings Clause of the Fifth Amendment."
Tear Up Your Census Form for a Better America
The government is perfectly capable of counting heads in a less-intrusive and more-hygienic way.
Massie, and That Pesky Constitution, Hold Up COVID-19 Bailout Bill
Plus: civic dynamism on display, Justice Department embraces home detainment of federal prisoners, and more...
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.
