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. There was a lot of action among the ...

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 ...

Prefer Newsweek on Google to see more of our trusted coverage when you search. Earlier this month, I filed suit against the U.S. Treasury to preserve Missouri's ability to cut taxes, ensuring that the ...

Montesquieu’s separation of powers assumed authority would be exercised through visible institutions. The AI era shifts this. Power operates through invisible infrastructure: Terms-of-service ...

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 ...

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 ...

The Nevada Supreme Court has spent years skirting cases involving the state constitution’s separation of powers clause. It shouldn’t put it off any longer. Defense attorneys are now questioning the ...

Add Yahoo as a preferred source to see more of our stories on Google. Sen. Mike Lang, R-Malta, prepares to speak to supporters of Senate Bill 442 on Monday, May 1, 2023, just ahead of its final Senate ...

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 ...