The Supreme Court’s decision in The New York Times v. Sullivan (1964), checks all the definitional boxes of a landmark ruling. It...

Justice Oliver Wendell Holmes’s iconic dissenting opinion in Abrams v. United States (1919) transformed the Clear and Present Danger Test...

Justice Oliver Wendell Holmes’s opinion for the Supreme Court in Schenck v. United States (1919) shocked his libertarian friends and...

America’s free speech story, as written in Supreme Court decisions, did not begin until World War I when the Court declared in 1919, in...

Great questions of constitutional law—how can the president be held accountable, whether the president is amenable to the judicial...

In 1958, in Cooper v. Aaron, the Supreme Court, ensnared in the white-hot cauldron of southern resistance to federal authority, the...

By virtually every measurement, McCulloch v. Maryland (1819) ranks as Chief Justice John Marshall’s greatest opinion, and, in the view of...

The Supreme Court’s assertion in Marbury v. Madison (1803) of the power of judicial review, the authority to declare federal governmental...

The Federalist Papers, it has been said, constitute one of the most important works in the world of political science ever written in the...

Skeptics of the federal judiciary’s authority to declare laws unconstitutional have expressed doubts and concerns ever since the Supreme...

The first landmark ruling delivered by the U.S. Supreme Court was Marbury v. Madison (1803), in which Chief Justice John Marshall...

The yearlong commitment of this column to the exploration of the Constitution has focused, primarily, on historical explanations of the...

The Supreme Court’s historic rejection in U.S. v. Nixon (1974) –“The Watergate Tapes Case”--of President Richard Nixon’s assertion of an...

Delegates to the Constitutional Convention, as we have seen, did not fail to address the issue of presidential authority to invoke...

Former President Donald Trump’s assertion of executive privilege to deny the January 6 Select Committee access to his aides, advisers,...

Article V of the Constitution—the Amendatory Clause—provides the constitutionally prescribed means for changing the Constitution to keep...

The Supreme Court’s watershed decision in Griswold v. Connecticut (1965) which, as we have seen, introduced a general constitutional...

Although not mentioned in the Constitution, the right to privacy has been invoked by its enormous following as thoroughly American and...

Whatever you think about the U.S. Supreme Court’s controversial, 5-4 midnight ruling on the Texas statute forbidding most abortions in...

The U.S. Senate’s constitutional role in the appointment process for federal judges empowers it to thwart presidential nominations to the...