Constitution Daily Blog
Article III
Excerpt: America Is Living James Madison’s Nightmare
In this excerpt from The Atlantic’s October 2018 print edition, National Constitution Center president and CEO Jeffrey Rosen…
What happens next in the Supreme Court confirmation process?
On Friday, the Senate Judiciary Committee is scheduled to end its public hearings about Brett Kavanaugh’s confirmation to the…
Should the Excessive Fines Clause apply against the states?
Is there a situation where some rights guaranteed in the Bill of Rights don’t apply at a state level? A new case at the Supreme…
Justice Kennedy’s last task: something familiar
Lyle Denniston looks at a case about environmental rights filed by teenagers that could lead to one of Justice Anthony M.…
Why does the Supreme Court have nine Justices?
Next Monday night, President Donald Trump will announce his nominee to replace Anthony Kennedy as the Supreme Court’s ninth…
How Justice Kennedy replaced Powell (and Bork) at the Court
Thirty years ago, a unanimous Senate approved Anthony Kennedy’s nomination to the Supreme Court. The federal judge wasn’t…
Court says administrative law judges subject to Appointments Clause
A divided Supreme Court said on Thursday that SEC administrative law judges appointed by staffers should be appointed by the…
Presidential subpoenas: An unsettled matter?
The idea of a possible presidential subpoena is in the news again, bringing back a question that’s been debated for months. To…
The Cohen case and attorney-client privilege
The recent raid on the office of Michael Cohen, one of President Trump’s personal lawyers, has raised a number of questions on…
State judges have been impeached, but very rarely
At least three elected officials in Pennsylvania have mentioned the topic of impeaching and removing five state supreme court…
