Vol. 139 No. 8 Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
Vol. 139 No. 8 Because the Supreme Court is powerful, it is largely able to fulfill its legal responsibilities. Because it is a court — because it lacks both the...
Vol. 139 No. 8 Although the Federal Convention of 1787 considered proposing a Council of Revision as part of the new government it devised, it ultimately provided for...
Vol. 139 No. 8 The Supreme Court has developed an increasingly pronounced reliance on Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, as an authoritative voice...
Vol. 139 No. 8 Over the past decade, economic intervention by the executive branch in the name of national security has become increasingly salient. It has also taken...
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 In recent years, the Supreme Court has developed the “major questions doctrine,” an interpretive presumption that Congress must speak clearly before delegating to an...
A push for stronger executive control over spending — what two co-authors and I have called “appropriations presidentialism” — has emerged as a central...
Vol. 139 No. 1 Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court.
Vol. 138 No. 7 Prison law is characterized by judicial deference to penal administrators. Despite the well-documented horrors that occur behind prison walls, federal and state courts often decline to intervene, asserting, among other things, that prisoners’ rights are limited and that the judicial branch lacks the power and expertise to get involved in the inner workings of detention facilities. Moreover, jurists often assume that the nation’s first courts largely stayed out of prisons and jails, and contemporary judicial deference is therefore historically rooted.
