Ran Hirschl and Alexander Hudson posit that powerful groups not only enforce rights but also push for their inclusion in constitutions.
Mark Tushnet comments on the importance of limitations clauses when assessing the substantive reach of constitutional rights.
Seila Law involved a constitutional puzzle with a straightforward answer. According to Jerry Mashaw, the Court overlooked the missing piece.
Jonathan Adler argues that Seila Law, like many cases this past term, exemplifies the Roberts Court's conservative minimalism.
In Seila Law, the Court invalidated the for-cause removal protection of the CFPB's director. Or did it? John Harrison explains that courts only find invalidity; they cannot make it.
Section Two of the Fourteenth Amendment could provide a powerful protection to voting rights. But its risks outweigh its rewards.
The Fourth Amendment requires that searches be reasonable. Courts effectuate this requirement through a balancing analysis, weighing a search’s harm to privacy against the governmental interest it serves. The results of these balancing exercises are then recast as constitutional requirements and exceptions. For example, the requirement that an ordinary search be backed by a warrant … Continue reading Reexamining the Government’s Interest in Border Searches of Digital Devices by Charles W. Gibson
The First Amendment’s Religion Clauses requires an exemption to certain anti-discrimination laws, like the ADA, for certain employees of religious employers. But lower courts disagree about which employees qualify for the so-called “ministerial exception.” This Essay argues that the exception should apply to any employee of a religious group who fills a religious role.
The Case of Adham Hassoun and Section 412 of the USA Patriot Act When it was enacted—a mere seven weeks after the attacks of September 11th—the USA PATRIOT Act provided the government with the authority to detain, possibly indefinitely, non-deportable aliens on US soil that the Attorney General had reason to believe were a threat to … Continue reading The Unreasonableness of the Citizenship Distinction: Section 412 of the USA PATRIOT Act and Lessons from Abroad by Nino Guruli
The Fifth Circuit Court of Appeals announced on November 7 that it will rehear a case called Brackeen v. Bernhardt that weighs the constitutionality of the Indian Child Welfare Act (ICWA). Adopted in 1978, ICWA was written in response to concerns that Native American children were being unjustly taken from their parents by social workers … Continue reading Fifth Circuit Will Reconsider Constitutionality of ICWA’s Race-Based Burdens by Timothy Sandefur