Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean ...

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 ...

The judiciary exists to interpret laws and ensure they comply with the Constitution. If the executive branch were to violate the constitutional rights of individuals—for example, by attempting to ...

As the 250th anniversary of our independence approaches, let us linger over the most important sentence that James Madison ever wrote, and the most relevant to the current moment. “The accumulation of ...

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 ...

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 ...

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. In recent years, the Supreme Court has ...