Constitution Daily Blog

Article III

Constitutional Voices: Oliver Wendell Holmes Jr.

by Tristan Worsham

A number of aphorisms have enshrined Justice Oliver Wendell Holmes Jr. in the American constitutional canon and his succinct…

Constitutional Voices: Oliver Wendell Holmes Jr.
The Supreme Court’s emergency docket steadily draws more attention

by Scott Bomboy

Not all of the Supreme Court’s significant actions come in the form of merits case decisions after full briefing and oral…

The Supreme Court’s emergency docket steadily draws more attention
Constitutional Voices: John Marshall

by Tristan Worsham

Chief Justice John Marshall, in the words of longtime friend and colleague Justice Joseph Story, was "the expounder of the…

Constitutional Voices: John Marshall
Does the War Powers Resolution debate take on a new context in the Iran conflict?

by Scott Bomboy

The recent military actions in Iran by Israel and the United States has reignited a simmering constitutional debate: the ability…

Does the War Powers Resolution debate take on a new context in the Iran conflict?
Roberts and Kagan have different visions of how democracy should work

by Marcia Coyle

Last week in the Texas re-redistricting case, the Supreme Court had the opportunity to slow or stop what has been called a…

Roberts and Kagan have different visions of how democracy should work
In the Supreme Court, whose facts count the most?

by Marcia Coyle

President Donald Trump wants to deploy troops in Chicago and Portland, cities that he has described as “war ravaged,”…

In the Supreme Court, whose facts count the most?
Is the Supreme Court’s silence failing to turn “square corners” in immigration cases?

by Marcia Coyle

In a 1920 Supreme Court decision, Justice Oliver Wendell Holmes wrote that “men must turn square corners when they deal with the…

Is the Supreme Court’s silence failing to turn “square corners” in immigration cases?
Moving Trump’s birthright citizenship order from off-the-wall to on-the-wall at the Supreme Court, or not

by Marcia Coyle

How does an “off-the-wall” interpretation of the Constitution, such as President Trump’s narrow view of birthright…

Moving Trump’s birthright citizenship order from off-the-wall to on-the-wall at the Supreme Court, or not
Will the Justices get to the meat of the birthright citizenship controversy?

by Marcia Coyle

Although the special U.S. Supreme Court argument on Thursday involves the technical issue of the scope of an injunction blocking…

Will the Justices get to the meat of the birthright citizenship controversy?
Nationwide Injunctions: A hot topic you won’t debate in dinner-time conversations

by Marcia Coyle

The subject is unlikely to trigger dinner table debates and more likely to trigger yawns in some people. But nationwide…

Nationwide Injunctions: A hot topic you won’t debate in dinner-time conversations