When legislative, judicial and regulatory functions converge in technical infrastructure controlled by few actors, the system enhances those actors' power.

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 ...

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 ...

Last week, two Republican senators — Todd Young of Indiana and Josh Hawley of Missouri— changed their votes on a War Powers Act resolution seeking to restrict President Donald Trump from conducting ...

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 ...

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 ...

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 ...

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 ...

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 ...