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Alexander Hamilton famously characterized the Judiciary as the “least dangerous” branch. It “has no influence over either the sword or the purse” and thus “must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” But this perceived safeguard has sometimes proven to be the institution’s undoing. Faced with the prospect of appearing impotent, the Supreme Court has, on occasion, played the role of doctrinal apologist. The Court has bent seemingly immutable constitutional prerogatives to sanction Executive action when a contrary ruling would likely go unheeded
The framers of the Constitution designed a document to be the Supreme Law of the Land and within i...
The Constitution was written to limit government power, but those limits are meaningless unless judg...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Many leading constitutional scholars now argue for greater reliance on the political branches to sup...
In The FederalistNo. 78, Alexander Hamilton examined the judicial department. He relied on that bran...
Alexander Hamilton wrote in The Federalist No.78 that the judiciary has no influence over ... the p...
Six decades ago, the U.S. Supreme Court decided Ex parte Quirin, in which the Justices determined th...
In theory, the written Constitution is a document agreed upon which lays the parameters of governanc...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
The Constitution is often said to leave important questions unanswered. These include, for example, ...
When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in N...
High courts around the world have increasingly invalidated constitutional amendments in defense of t...
“Judicial supremacy” is the idea that the Supreme Court should be viewed as the authoritative interp...
This essay is a chapter to be included in the forthcoming Oxford Handbook on the U.S. Constitution. ...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
The framers of the Constitution designed a document to be the Supreme Law of the Land and within i...
The Constitution was written to limit government power, but those limits are meaningless unless judg...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
Many leading constitutional scholars now argue for greater reliance on the political branches to sup...
In The FederalistNo. 78, Alexander Hamilton examined the judicial department. He relied on that bran...
Alexander Hamilton wrote in The Federalist No.78 that the judiciary has no influence over ... the p...
Six decades ago, the U.S. Supreme Court decided Ex parte Quirin, in which the Justices determined th...
In theory, the written Constitution is a document agreed upon which lays the parameters of governanc...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
The Constitution is often said to leave important questions unanswered. These include, for example, ...
When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in N...
High courts around the world have increasingly invalidated constitutional amendments in defense of t...
“Judicial supremacy” is the idea that the Supreme Court should be viewed as the authoritative interp...
This essay is a chapter to be included in the forthcoming Oxford Handbook on the U.S. Constitution. ...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
The framers of the Constitution designed a document to be the Supreme Law of the Land and within i...
The Constitution was written to limit government power, but those limits are meaningless unless judg...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
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