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McCulloch v. Maryland: The Greatest of Landmark Decisions
The Supreme Court’s landmark ruling in McCulloch v. Maryland (1819), widely regarded by scholars as the most important decision ever...
Brenna Gerhardt
Jul 5, 20224 min read


Constitutional Responses to Emergencies
The Steel Seizure Case (1952) raised the critical issue of the constitutional prescription for confronting emergencies. President Harry...
Brenna Gerhardt
Jun 22, 20224 min read


Emergencies and the Constitution: Retroactive Ratification
The Supreme Court’s rejection in the Steel Seizure Case of President Harry Truman’s assertion of an inherent executive power to seize the...
Brenna Gerhardt
Jun 22, 20223 min read


Supreme Court Rebukes Truman’s Seizure of Steel Mills
In his 6-3 opinion for the Supreme Court in the landmark case, Youngstown Sheet & Tube Co. v. Sawyer (1952), Justice Hugo Black rejected...
Brenna Gerhardt
Jun 9, 20224 min read


Steel Seizure Case Ruling Reins in Presidential Power
Fifty-five years ago, on June 12, 1967, the U.S. Supreme Court, in the landmark case of Loving v. Virginia, struck down in the name of...
Brenna Gerhardt
Jun 6, 20224 min read


Loving: The Supreme Court Upholds Interracial Marriage
Fifty-five years ago, on June 12, 1967, the U.S. Supreme Court, in the landmark case of Loving v. Virginia, struck down in the name of...
Brenna Gerhardt
May 31, 20224 min read


Saluting the Flag: A Matter of Speech and Religious Liberty
It is fair to say that the government’s preeminent responsibility is to provide for the nation’s defense. When necessary, civil liberties...
Brenna Gerhardt
May 17, 20224 min read


Supreme Court: A Right to Refuse to Salute the Flag?
In 1940, in Minersville v. Gobitis, the Supreme Court upheld a state law requiring school children to salute the flag, despite religious...
Brenna Gerhardt
May 17, 20224 min read


Supreme Court: State Actors May Not Lead School Prayer
In 1962, in Engel v. Vitale, the U.S. Supreme Court, in one of the most controversial decisions of the Warren Court era, held school-led...
Brenna Gerhardt
May 4, 20224 min read


The Supreme Court and Religion: Entering the Maze
The U.S. Supreme Court’s first major ruling on the meaning of the First Amendment’s Establishment Clause was in Everson v. Board of...
Brenna Gerhardt
May 4, 20224 min read


Brown and Racial Equality in Public Education
In his unanimous opinion for the Supreme Court in the watershed case of Brown v. Board of Education (1954), Chief Justice Earl Warren...
Brenna Gerhardt
Apr 21, 20224 min read


The Brown Decision and America’s Commitment to Equality
“If it was not the most important decision in the history of the Court,” Justice Stanley Reed observed of Brown v. Board of Education,...
Brenna Gerhardt
Apr 19, 20224 min read


Earl Warren: Finding “The Notion of Equality”
President Dwight D. Eisenhower’s recess appointment of Earl Warren to the Chief Justiceship of Supreme Court on September 30, 1953,...
Brenna Gerhardt
Apr 7, 20224 min read


The Brown Decision: Twists and Turns Shape the Constitution
The Supreme Court’s landmark ruling in the case of Brown v. Board of Education, the most-celebrated civil rights decision in our nation’s...
Brenna Gerhardt
Apr 6, 20224 min read


Justice Harlan’s Imperishable Dissent in Plessy v. Ferguson
Justice John Marshall Harlan was the only dissenter from the U.S. Supreme Court’s infamous ruling in Plessy v. Ferguson, in 1896, in...
Brenna Gerhardt
Mar 28, 20224 min read


Plessy v. Ferguson: An Infamous Landmark Ruling
Not all landmark Supreme Court decisions are admirable. Some are frankly infamous, including Plessy v. Ferguson. In 1896, in Plessy, the...
Brenna Gerhardt
Mar 17, 20224 min read


Without Freedom of the Press: Life Behind an Iron Curtain
Vladimir Putin’s infliction on the Russian people of a second Iron Curtain has demonstrated more effectively than any number of seminars...
Brenna Gerhardt
Mar 10, 20223 min read


Supreme Court Rules on Secrecy v. Public's Right to Know
The Pentagon Papers Case, which proceeded through the federal courts at record pace, presented the U.S. Supreme Court with a sharply...
Brenna Gerhardt
Mar 8, 20224 min read


The Pentagon Papers Case and the Right to Know
Thomas Jefferson once observed that fearless, independent newspapers were indispensable to the American experiment, and to “the...
Brenna Gerhardt
Feb 25, 20224 min read


“The Sullivan Decision: Affirming the Right to Criticize Government”
For a nation grounded on the republican values of self government and freedom of expression, both of which are served and ...
Brenna Gerhardt
Feb 23, 20224 min read
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