Constitution Daily Blog

Article III

Marbury v. Madison: The Supreme Court claims its power

by Nicandro Iannacci

In an act of “judicial jujitsu,” the Supreme Court issued its decision in Marbury v. Madison on February 24, 1803,…

Marbury v. Madison: The Supreme Court claims its power
The debate over emergency powers and the border wall

by Scott Bomboy

President Donald Trump’s statement that he is considering using emergency presidential powers to build a border wall has…

The debate over emergency powers and the border wall
Breaking down the birthright citizenship debate

by Scott Bomboy

President Donald Trump’s push to end birthright citizenship for the children of undocumented immigrants will be getting a good…

Breaking down the birthright citizenship debate
Excerpt: America Is Living James Madison’s Nightmare

by Jeffrey Rosen

In this excerpt from The Atlantic’s October 2018 print edition, National Constitution Center president and CEO Jeffrey Rosen…

Excerpt: America Is Living James Madison’s Nightmare
What happens next in the Supreme Court confirmation process?

by Scott Bomboy

On Friday, the Senate Judiciary Committee is scheduled to end its public hearings about Brett Kavanaugh’s confirmation to the…

What happens next in the Supreme Court confirmation process?
Should the Excessive Fines Clause apply against the states?

by Lana Ulrich

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…

Should the Excessive Fines Clause apply against the states?
Justice Kennedy’s last task: something familiar

by Lyle Denniston

Lyle Denniston looks at a case about environmental rights filed by teenagers that could lead to one of Justice Anthony M.…

Justice Kennedy’s last task: something familiar
Why does the Supreme Court have nine Justices?

by NCC Staff

Next Monday night, President Donald Trump will announce his nominee to replace Anthony Kennedy as the Supreme Court’s ninth…

Why does the Supreme Court have nine Justices?
How Justice Kennedy replaced Powell (and Bork) at the Court

by Scott Bomboy

Thirty years ago, a unanimous Senate approved Anthony Kennedy’s nomination to the Supreme Court. The federal judge wasn’t…

How Justice Kennedy replaced Powell (and Bork) at the Court
Court says administrative law judges subject to Appointments Clause

by Scott Bomboy

A divided Supreme Court said on Thursday that SEC administrative law judges appointed by staffers should be appointed by the…

Court says administrative law judges subject to Appointments Clause
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