The Constitution was written to limit government power, but those limits are meaningless unless judges restrain public officials when they overstep their bounds. Judicial engagement is a cutting-edge approach to judicial review that ensures that Americans receive an honest, reasoned explanation in court whenever they allege a plausible abuse of government power. Enforcing the Constitution is CJE's annual review of the judiciary's performance. The 2015-2016 edition summarizes and analyzes 20 notable examples of judicial engagement and judicial abdication in a variety of contexts. We begin close to home, with a family out for a summer walk. We end in a place where most do not expect to find themselves - prison. In all of these contexts, Ameri...
[Excerpt] We are living in a troubled time. Across the political spectrum, there is a great deal of...
This article attempts that task by exploring the elements of institutional choice in constitutional ...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
This year's edition of Enforcing the Constitution showcases the importance of judicial engagement an...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held ...
Alexander Hamilton famously characterized the Judiciary as the “least dangerous” branch. It “has no ...
The purposes of this report are to examine the Congress-court connection along several discrete, but...
This essay is a chapter to be included in the forthcoming Oxford Handbook on the U.S. Constitution. ...
America is its Constitution. In a recent string of decisions invalidating federal civil rights legi...
The framers of the Constitution designed a document to be the Supreme Law of the Land and within i...
When judges alter a written constitution because its original meaning is no longer convenient, usefu...
The federal judiciary today takes certain things for granted. Political actors will not attempt to r...
A good deal of modern debate in constitutional law has concerned the appropriate methods for constru...
This article addresses the issue of what is fit for a Supreme Court Justice to do and whether the Co...
[Excerpt] We are living in a troubled time. Across the political spectrum, there is a great deal of...
This article attempts that task by exploring the elements of institutional choice in constitutional ...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...
This year's edition of Enforcing the Constitution showcases the importance of judicial engagement an...
When do, and when should, actors other than judges interpret the Constitution? Over time, this quest...
Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held ...
Alexander Hamilton famously characterized the Judiciary as the “least dangerous” branch. It “has no ...
The purposes of this report are to examine the Congress-court connection along several discrete, but...
This essay is a chapter to be included in the forthcoming Oxford Handbook on the U.S. Constitution. ...
America is its Constitution. In a recent string of decisions invalidating federal civil rights legi...
The framers of the Constitution designed a document to be the Supreme Law of the Land and within i...
When judges alter a written constitution because its original meaning is no longer convenient, usefu...
The federal judiciary today takes certain things for granted. Political actors will not attempt to r...
A good deal of modern debate in constitutional law has concerned the appropriate methods for constru...
This article addresses the issue of what is fit for a Supreme Court Justice to do and whether the Co...
[Excerpt] We are living in a troubled time. Across the political spectrum, there is a great deal of...
This article attempts that task by exploring the elements of institutional choice in constitutional ...
The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) ...