Constitution Daily

Smart conversation from the National Constitution Center

Fifth Amendment

Presidential subpoenas: An unsettled matter?

May 3, 2018 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 what extent does a President have to respond to a subpoena request?

The Supreme Court takes on a big Double Jeopardy case

February 20, 2018 By Scott Bomboy

On Tuesday morning, the Supreme Court will hear arguments in a dispute about a defendant’s claim to double jeopardy if they have multiple trials related to one incident.

Could the Fifth Amendment play a role in the Mueller investigation?

February 7, 2018 By Scott Bomboy

As special counsel Robert Mueller reportedly negotiates with Donald Trump’s lawyers for an interview the President, legal experts are evaluating several different scenarios, including a possible rare Fifth Amendment appearance in testimony about Mueller’s case.

Podcast: Undocumented teens and abortion

January 11, 2018 By NCC Staff

Catherine Glenn Foster and Leah Litman discuss a current lawsuit over the ability of the federal government to block undocumented teens from getting abortions.

Judge blocks Trump ban on transgender troops

October 30, 2017 By Scott Bomboy

On Monday afternoon, the U.S. Court for the District of Columbia temporarily blocked the Trump administration’s efforts to ban transgender individuals from military service.

Utah county jumps into Louisiana frog habitat case

September 14, 2017 By Scott Bomboy

A dispute now at the Supreme Court over an alleged Louisiana frog habitat has led to an interesting set of amicus briefs, including one from Utah supporting land owners who feel the Endangered Species Act is too restrictive about protecting a species of grouse.

Hugo Black, unabashed partisan for the Constitution

August 12, 2017 By Nicandro Iannacci

On August 12, 1937, President Franklin D. Roosevelt nominated then-Senator Hugo Black of Alabama to the Supreme Court.

Groups sue Trump over transgender military policy

August 9, 2017 By Scott Bomboy

Two advocacy groups have filed suit against President Donald Trump on Fifth Amendment grounds after the President said on Twitter that he was directing the nation’s military to disallow transgender individuals from military service.

Interactive Constitution: Grand Juries and the Fifth Amendment

August 4, 2017 By NCC Staff

What are the basic underpinnings of a federal grand jury? In the excerpt from the National Constitution Center’s Interactive Constitution, Paul Cassell and Kate Stith look at their origin as related to the Fifth Amendment.

In cross-border shooting case, Supremes ask lower court to try again

June 26, 2017 By Nicandro Iannacci

On Monday, the Supreme Court erased the Fifth Circuit’s ruling in Hernández v. Mesa and asked the court to reconsider in light of its own recent decision.

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