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 ...

We've all heard about the separation of powers kin government, but what does it actually mean? In today's Micheli Files intrepid Capitol lobbyist and McGeorge law professor lays it out for you.

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 ...

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 ...

Type to search articles, cases, and authors. Press ↵ to view all results. The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short ...

During oral argument in the Trump immunity case, Justice Kavanaugh articulated a strong understanding of the "clear statement" rule. Under this principle, statutes should be read to not apply to the ...

The Nevada Supreme Court has a history of massaging the law to protect the state’s political elites — allowing lawmakers to ignore the two-thirds requirement for tax hikes, neutering term limits and ...

Type to search articles, cases, and authors. Press ↵ to view all results. Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the ...