Clearing up the confusion about Marbury v. Madison
By Publius Huldah It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional. What ...
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Clearing up the confusion about Marbury v. Madison
By Publius Huldah It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional. What ...
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Judicial Checks and Moral Hazard
by Greg Weiner The ACLU has hailed a federal judge’s ruling last month that President Trump cannot redirect military construction resources to build a border wall that Congress refused to ...
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Originalism and Article III Judicial Power
by Mike Rappaport One of the most difficult challenges for originalism is to determine to what extent the Constitution limits the adjudication of matters by entities other than Article III ...
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Once Upon a Time in America
By: Judge Andrew Napolitano There was a time in American history — nearly all of it up to the presidency of Woodrow Wilson — when the federal government followed basic ...
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The Neutrality Proclamation in a Nutshell
By: Dave Benner Today in history, on April 22, 1793, President George Washington issued a statement that the United States would remain neutral in the ongoing conflict between France and ...
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How to Rebalance Power Between Congress and the Executive Branch
by James R. Rogers Ben Peterson, an occasional contributor to L&L, discusses the interplay between constitutional norms and institutions at National Affairs. I style the takeaway point as this: interests ...
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Congress Checks the President, But Only Kinda:
By: Michael Boldin In two votes this week, on the war in Yemen and on Emergency Powers – Congress appears to be checking the power of the executive branch. But ...
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