I. Introduction The Notwithstanding Clause of the Canadian Charter of Rights and Freedoms is a constitutional innovation (albeit colored by historical statutory analogues) first...
Vol. 139 No. 5 All legislative Powers herein granted shall be vested in a Congress of the United States . . . . — U.S. Const. art. I, § 1 Typically, when Congress...
Vol. 139 No. 2 Today, it seems obvious that criminal defendants can waive constitutional rights. Plea bargains make up the vast majority of criminal convictions, and defendants routinely trade their rights — to indictment, to remain silent, to an attorney, to a jury — in exchange for a faster trial or a lesser charge. The modern criminal legal system is a regime of negotiated justice. Rights used to have more force.
Vol. 139 No. 1 In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care.
Vol. 138 No. 8 Over two decades after then-Professor Elena Kagan published her seminal article Presidential Administration, presidential involvement in agency action has increased so much that it...
Vol. 138 No. 5 Absent alcohol, dormant commerce clause doctrine is mostly familiar. Courts use strict scrutiny when state laws discriminate — facially, in purpose, or in effect — against...
Vol. 138 No. 2 The Equal Protection Clause generally forbids the government from making distinctions based on race or other suspect classifications, like religion. But, of course, discrimination...
Vol. 137 No. 8 Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and...
