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Judicial Profiles to Better Understand the Supreme Court
We citizens know a lot about our presidents—their background, philosophy and character—and sometimes more than we care to know. The same...
Brenna Gerhardt
Aug 18, 20234 min read


Trump Trial Tests the Framers’ Constitution and the Rule of Law
“What are the implications of the trial of Donald Trump for the Constitution, presidential power and the rule of law?” a reader asks,...
Brenna Gerhardt
Jun 22, 20234 min read


Reader Asks: How Do We Rein in Supreme Court Justices?
A reader recently wrote to ask a question on the minds of many Americans: “If the courts check the other branches of government, who...
Brenna Gerhardt
Jun 1, 20234 min read


Is Posting of Ten Commandments in Schools Constitutional?
The continued revival of interest among state legislatures in posting the Ten Commandments in public schools may present to the U.S....
Brenna Gerhardt
Jun 1, 20234 min read


Presidential Power, the 14th Amendment and the Public Debt
The debt ceiling standoff between President Joe Biden and House Republicans has illuminated the Public Debt Clause of the 14th Amendment,...
Brenna Gerhardt
May 31, 20234 min read


Church and State: The Court Prohibits Religious Tests for Office
Delegates to the Constitutional Convention, as part of their commitment to separating church from state, unanimously adopted a clause in...
Brenna Gerhardt
May 8, 20234 min read


Justice Chase’s Impeachment and Judicial Independence
In its first and only impeachment trial of a Supreme Court Justice, the U.S. Senate in 1805 acquitted Samuel Chase of charges against...
Brenna Gerhardt
May 8, 20234 min read


Applying Impeachment Clause to Supreme Court Justices
National conversations surrounding the remote possibility of impeaching Justice Clarence Thomas for accepting –and failing to...
Brenna Gerhardt
May 8, 20234 min read


Trump’s Case: When Novel Theories Become Legal Principles
Defendant Donald J. Trump and his supporters have assailed the 34-count felony indictment of the former president brought by the...
Brenna Gerhardt
May 8, 20234 min read


Vulnerable to Indictment, Trump’s Cases Subject to the Law
Former President Donald Trump has said he expects to be indicted by a Manhattan grand jury any day now. Although widely anticipated,...
Brenna Gerhardt
Mar 23, 20234 min read


Court Declares a Right to Contraceptives for Unmarried Individuals
In 1965, in the landmark case of Griswold v. Connecticut, the U.S. Supreme Court, for the first time in our nation’s history, invoked the...
Brenna Gerhardt
Mar 23, 20234 min read


Court Finally Ends Race Discrimination in Public Accommodations
Racial discrimination in southern hotels and restaurants throughout the 19th and 20th centuries, Congress determined in 1964 through...
Brenna Gerhardt
Mar 16, 20234 min read


Supreme Court in Nebbia: “An Ominous Fork in the Road”
The immense pressures inflicted on the United States by the Great Depression of the 1930s forced the Supreme Court on several occasions...
Brenna Gerhardt
Mar 2, 20233 min read


Mike Pence Seeks Refuge in the Speech or Debate Clause
Former Vice-President Mike Pence plans to invoke the Speech or Debate Clause as justification for challenging a subpoena issued by...
Brenna Gerhardt
Mar 2, 20234 min read


State of the Union Address: The Constitution and Politics
President Joe Biden’s delivery of what has become the annual State of the Union Address fulfilled one of the few constitutional...
Brenna Gerhardt
Feb 9, 20234 min read


The First Amendment and Free Speech on Campus
The difficulties that college and university administrators from California to Massachusetts have faced over the past 30 years in...
Brenna Gerhardt
Feb 9, 20234 min read


The Constitution and Government Classification of Secrets
Questions surrounding news that President Joe Biden and former Vice President Mike Pence have disclosed possession of classified...
Brenna Gerhardt
Jan 26, 20234 min read


Tinker v. Des Moines: Anchoring Students’ Free Speech Rights
Half a century later, Tinker v. Des Moines Independent Community School District (1969) remains the Supreme Court’s authoritative ruling...
Brenna Gerhardt
Jan 25, 20234 min read


Buck v. Bell: The Supreme Court Upholds Forced Sterilization
In a tragic, landmark ruling of historic dimensions, the Supreme Court, in 1927, in an opinion written by Justice Oliver Wendell Holmes,...
Brenna Gerhardt
Jan 25, 20234 min read


Powell v. McCormack: Confining Congress to the Constitution
Congressman-Elect, Ron Santos’s (R-NY) sweeping distortions of his personal and professional biography has triggered nationwide calls for...
Brenna Gerhardt
Jan 25, 20234 min read
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