The Chief Justice Who Elevated the Supreme Court Into a Co-Equal Branch of Government

Before John Marshall, the Court Had Been a Constitutional Afterthought

No one in the founding generation left a more lasting imprint on American government and law than Chief Justice John Marshall.

We remember Washington’s leadership, Jefferson’s eloquence, and Franklin’s wit, but Marshall breathed life into the Constitution, elevated the judiciary, and defended the federal government’s power over feuding states. The power of judicial review and the corresponding principle that courts should not interfere with political judgments are just two of the many doctrines that Marshall wove into our Constitution.

How was it possible that a man raised with 14 siblings …

The Supreme Court Ruled Wrong, Then Right, on Japanese American Internment

The Only "Precedent” for the Proposed Muslim Registry Is Conflicted Legal Thinking

In 2014, a group of law students at the University of Hawaii asked Justice Antonin Scalia to comment on the Korematsu case, the infamous 1944 Supreme Court decision that upheld …

Make the Supreme Court’s 4-4 Split Permanent

An Equal Number of Conservative and Liberal Justices Would Promote Compromise, Not Stalemate

Since the death of Justice Antonin Scalia earlier this year, the U.S. has obsessed over how and when to fill his sizable void on the Supreme Court. Much is at …

Supreme Court Justice Sandra Day O’Connor

Sandra Day O’Connor is a retired associate justice of the United States Supreme Court. She was the first woman to be appointed to the Court and was the first female …

What Do Gay Marriage and Obamacare Have in Common?

Two Cases Before the Supreme Court Point to the Long-Running Battle Between States Rights and Federal Authority

I don’t drink champagne, but if the Supreme Court strikes down state bans on gay marriages this month, I might pop open a bottle in celebration. As a newspaper editorial …

Was Fred Phelps Democracy’s Necessary Evil?

You Don’t Have to Like the Man or the Westboro Baptist Church, But Their Antics Strengthened the First Amendment for All of Us

It has been written that the safeguards of liberty have often been forged in controversies involving not very nice people. If that is true—and the facts support the premise—then the …