Constitution Daily Blog

Article III

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
Presidential subpoenas: An unsettled matter?

by Scott Bomboy

The idea of a possible presidential subpoena is in the news again, bringing back a question that’s been debated for months. To…

Presidential subpoenas: An unsettled matter?
The Cohen case and attorney-client privilege

by Ugonna Eze

The recent raid on the office of Michael Cohen, one of President Trump’s personal lawyers, has raised a number of questions on…

The Cohen case and attorney-client privilege
State judges have been impeached, but very rarely

by Scott Bomboy

At least three elected officials in Pennsylvania have mentioned the topic of impeaching and removing five state supreme court…

State judges have been impeached, but very rarely
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