President Donald Trump has unilaterally imposed tariffs on much of the world. Yet the authority to impose tariffs is nowhere to be found in Article II of the Constitution, which is where the limited ...

In recent years, the Supreme Court has gradually abandoned an idea – the separation of powers – that the Framers thought was vital to the preservation of liberty. Instead, the court seems to have been ...

Montesquieu’s separation of powers assumed authority would be exercised through visible institutions. The AI era shifts this. Power operates through invisible infrastructure: Terms-of-service ...

The U.S. Constitution was crafted in 1787 both to establish a new central government and to limit it. Some of the limitations are direct, some are subtle and some are hidden. The chief instrument of ...

Separation of powers is a topic that you just know is important but, given how short life surely is, that was an event that you might find an excuse to avoid. Still, there’s a lot to be said about the ...

During oral argument in the Trump immunity case, Justice Kavanaugh articulated a strong understanding of the "clear statement" rule. Under this principle, statutes should be read to not apply to the ...

Type to search articles, cases, and authors. Press ↵ to view all results. The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short ...

The exclusive authority of the New Jersey Supreme Court under our Constitution to regulate the bar acts as a special bulwark of protection against potential intrusions upon our collective professional ...