Articles Posted in Constitutional Law

by

The U.S. Constitution enshrines a system of separation of powers, ensuring that legislative, executive, and judicial branches operate independently while keeping one another in check. This structure is meant to prevent the concentration of power and to safeguard individual liberty. But in recent years, many legal scholars, judges, and concerned citizens have raised a critical question: Has the balance of power shifted too far in favor of the Executive Branch?

Following a brief discussion about what the Founding Fathers believed about separation of powers, this post examines key constitutional flashpoints—executive orders, emergency powers, war powers, pardons, and more—illustrating how modern challenges are testing the limits of our separation-of-powers framework.

What the Founding Fathers Believed About Separation of Powers

Continue reading

by

During the week ending April 11, 2025 we have received listings of 26 Government and Administrative Law Summaries,  24 Constitutional Law summaries, 2 U.S. Supreme Court Summaries, 51 Criminal Law Summaries, 2 White Collar Law Summaries,   and 4 Intellectual Property Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  April 11, 2025:

Criminal Law

Continue reading

by

During the week ending April 4, 2025 we have received listings of 18 Government and Administrative Law Summaries,  24 Constitutional Law summaries, 2 U.S. Supreme Court Summaries, 63 Criminal Law Summaries, 2 White Collar Law Summaries,   3 Intellectual Property Summaries, 1 Internet Law Summary,  and 6 Medical Malpractice Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  April 4, 2025:

Criminal Law

Continue reading

by

From VERDICT, Legal Analysis and Commentary from Justia, 27 March 2025.

SUMMARY:

NYU Law Professor Samuel Estreicher and JD candidate Andrew Babbitt analyze President Trump’s use of the International Emergency Economic Powers Act (IEEPA) during his second administration to impose and threaten tariffs on several countries. They highlight how this approach bypasses the usual legislative and procedural processes required for implementing tariffs. According to Estreicher and Babbitt, this tactic marks an unprecedented and legally questionable expansion of executive authority—one that sidesteps congressional intent and oversight and raises significant constitutional concerns about the broad, unchecked use of the IEEPA.

Continue reading

by

During the week ending March 28, 2025 we have received listings of 24 Government and Administrative Law Summaries,  27 Constitutional Law summaries, 2 U.S. Supreme Court Summaries, 52 Criminal Law Summaries, 1 White Collar Law Summary,   5 Intellectual Property Summaries,  and 7 Medical Malpractice Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  March 28, 2025:

Criminal Law

Continue reading

by

During the week ending March 21, 2025 we have received listings of 22 Government and Administrative Law Summaries,  18 Constitutional Law summaries, 2 U.S. Supreme Court Summaries, 53 Criminal Law Summaries, 4 White Collar Law Summaries, 1 Internet Law Summary,  5 Intellectual Property Summaries, 1 Copyright Summary, and 2 Medical Malpractice Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  March 21, 2025:

Criminal Law

Continue reading

by

During the week ending March 14, 2025 we have received listings of 16 Government and Administrative Law Summaries,  29 Constitutional Law summaries, 58 Criminal Law Summaries, 2 White Collar Law Summaries, 1 Internet Law Summary,  7 Intellectual Property Summaries, and 5 Medical Malpractice Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  March 14, 2025:

Criminal Law

Continue reading

by

In his essay, Do State Legislatures Have to Obey U.S. Supreme Court Decisions?  Amherst professor Austin Sarat discusses how several state legislatures, particularly Alabama, are passing laws allowing the death penalty for child rape despite a 2008 Supreme Court ruling, Kennedy v. Louisiana, that declared such punishment unconstitutional. Professor Sarat argues that this strategic legislative defiance represents a dangerous trend that threatens constitutional order, as lawmakers are deliberately passing unconstitutional laws hoping the current conservative-majority Supreme Court will overturn precedent, similar to the strategy that led to Roe v. Wade being overturned.

Reflecting on the urgency expressed by professor Sarat regarding this question, we have prepared our own report, titled Do State Legislatures Have to Obey U.S. Supreme Court Decisions?, An Overview, to provide an added frame of reference for considering the implications of professor Sarat’s posting. Our Report, which follows, is based on our search of related sources, including Deep Research, the advanced AI research application recently introduced by Open AI.

DO STATE LEGISLATURES HAVE TO OBEY U.S. SUPREME COURT DECISIONS?, An Oveerview

Continue reading

by

INCLUDES U.S. SUPREME COURT SUMMARIES:

During the week ending March 7, 2025 we have received listings of 21 Government and Administrative Law Summaries,  22 Constitutional Law summaries, 63 Criminal Law Summaries, 3 White Collar Law Summaries,  1 Copyright Law Summary, 9 Intellectual Property Summaries, 3 Medical Malpractice Summaries, and 2 U.S Supreme Court Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  March 7, 2025:

Continue reading

by

INCLUDES U.S. SUPREME COURT SUMMARIES:

During the week ending February 28, 2025 we have received listings of 24 Government and Administrative Law Summaries,  19 Constitutional Law summaries, 55 Criminal Law Summaries, 4 White Collar Law Summaries,  1 Internet Law Summary 1 Intellectual Property Summary, 3 Medical Malpractice Summaries, and 4 U.S Supreme Court Summaries. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  February 28, 2025:

Continue reading
Contact Information
ATTORNEY ADVERTISING

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, David Badertscher
JUSTIA Law Firm Blog Design