Montesquieu shaped how Americans understood liberty, and his warning about a ‘tyranny of opinion’ speaks to today’s polarization.
Articles on Constitutional law
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Landor v. Louisiana highlights the religious rights of the nearly 2 million people imprisoned in the US – and how challenging it can be to protect those rights.
What’s a true threat and what’s political hyperbole? A scholar of constitutional and criminal law looks at the charges against James Comey for an Instagram post that said, ‘86 47.’
Title IX’s language is clear that the 1972 law does not cover the admissions decisions private colleges and universities make.
Courts have pushed back against attempts by leaders to bypass the legislature outside the US too.
The House has passed a bill to require proof of citizenship for voting. Although it likely won’t become law, the bill raises constitutional questions.
Both over-confident and under-prepared, the government has kept repeating its mistakes, diminishing the chances of meaningful reform in the process.
Congress has played an important role in holding federal agencies accountable since the late 1700s, but oversight can also devolve into a political circus.
Donald Trump’s unprecedented firing of a Federal Reserve board member isn’t just about her job status. It’s about what checks remain on a president bent on vastly expanding his office’s power.
A landmark 1964 Supreme Court ruling protects the press in lawsuits by public officials angry about how they’ve been covered. It’s being targeted by President Donald Trump.
A combination of factors, including Democrats and Republicans feeling more and more animosity for the other side, led to the roughing up of Sen. Alex Padilla at a press conference.
American troops may be used inside the country, but it is an extraordinary exercise of authority to deploy them domestically, says an expert on the domestic role of the military.
Autocrats today are polished, appear mainstream and use the media, not overt repression or violence, to gain public support and consolidate power. They govern through a ‘spin dictatorship.’
A balance needs to be struck between the protection of teenagers and the preservation of culture.
Political leaders in El Salvador, the Philippines and Israel, among other places, have also positioned judges as the enemy of the people.
The Trump administration claims that judges’ orders in the cases of immigrants deported to a prison in El Salvador intrude on the president’s right to conduct foreign policy.
President Donald Trump has said that free speech matters to him. But his record during his second presidential term doesn’t show that commitment.
Some Department of Justice attorneys have recently been fired or have resigned, refusing to follow directives from the Trump administration that they felt violated the law, legal ethics or both.
The Trump administration says it can deport noncitizen students that create foreign security threats. The Supreme Court might ultimately decide the limits of these residents’ free speech.
The Constitution does not grant Congress authority to set voter-eligibility requirements in federal elections.
Top contributors
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Professor Emerita in Constitutional Law, University of Sydney
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Professor of Law, UNSW Law School, UNSW
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Professor of American Civics, University of Tennessee
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ANU Law, Australian National University
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Associate Professor in Law and Public Policy, University of Oxford
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Senior Research Associate, Andrew & Renata Kaldor Centre for International Refugee Law, UNSW Law School, UNSW
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Associate Professor of Law, Quinnipiac University
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Associate Law Professor, University of New Brunswick
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Associate Professor of Law, Rutgers University - Newark
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Associate Professor of Political Science, College of Charleston
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Foundation Professor of Law and Political Science, Arizona State University
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Research Fellow, School of Law, The University of Queensland
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Professor, Law Faculty, Monash University
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Senior Lecturer in Law, Charles Sturt University
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Lecturer in Constitutional and Administrative Law, and Public Procurement, Bangor University