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 ...

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 ...

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

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 ...

Earlier this month, I filed suit against the U.S. Treasury to preserve Missouri's ability to cut taxes, ensuring that the federal government is kept in check—and illustrating the importance of the ...

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 ...

Based on the Constitution’s separation of powers U.S. Distict Judge Dale Ho of the Southern District of New York should deny the Justice Department's motion to drop its own case against New York City ...

“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 ...