Constitutional Law Commons^™

Dari Penafsiran Ke Konstruksi Konstitusi: Evolusi Putusan Mahkamah Konstitusi Tentang Keserentakan Pemilihan Umum, Khairul Fahmi, Desip Trinanda

Jurnal Hukum & Pembangunan

Abstract

The Constitutional Court's decisions regarding election simultaneity demonstrate a highly progressive development in constitutional reasoning. The Constitutional Court has issued at least three decisions related to the election simultaneity model: Decision Number 14/PUU-XI/2013, Decision Number 55/PUU-XVII/2019, and Decision Number 135/PUU-XXII/2024. So far, studies of these decisions have tended to be placed within the framework of constitutional interpretation. However, the Constitutional Court's stance in Decision Number 135/PUU-XXII/2024 goes beyond merely interpreting the constitution to also construct a constitutional provision on election simultaneity by separating national and local elections. Therefore, the focus of this article is the shift in the Constitutional …

Justice Lost And Found Playlist, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

Oh No, Don't Let The Rain Come Down..., Mervyn Bennun

Nebraska Journal on Advancing Justice

No abstract provided.

The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke

Nebraska Journal on Advancing Justice

No abstract provided.

Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane

Nebraska Journal on Advancing Justice

No abstract provided.

Introduction, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.

Volume 3, Issue 1 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.

The Supreme Court's Ideal Audience, H. Jefferson Powell

ConLawNOW

This Essay argues that the answer to the troubling question of whether constitutional law on the Supreme Court level is truly "law," is yes. Or at least can be yes without any radical change to our modes of constitutional law reasoning by understanding how and why the Justices' write their opinions. It suggests that George Christie’s classic book, The Notion of an Ideal Audience in Legal Argument, provides part of the basis for affirming the law-ness of American constitutional law in two ways. First, using the lens of constitutional law provided by Christie’s formulation of the ideal audience concept, it …

Brief Of Professors Mark Storslee, John Meiser, Douglas Laycock, Nathan Chapman, Thomas Berg, Christopher Lund, Michael Helfand, Steven Collis, Meredith Kessler, Carl Esbeck, John Inazu, Asma Uddin, Christopher Hampson, And Kathleen Brady As Amici Curiae In Support Of Petitioners, Mark Storslee, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 26-257
Mara Nathan v. Alamo Heights Independent School District

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

For more than seventy years, this Court has made clear that a state “may not coerce anyone ... to take religious instruction” or use public schools to “force ... religion on any person.” Zorach v. Clauson, 343 U.S. 306, 314 (1952). For good reason. Doing so advances one of the “true evil[s] of religious establishment" that Founding-era Americans rejected: “the use of government power” to foster “uniformity …

The Storm Of A Century – Separation Of Powers In The United States In 2025, Anna C. Conley

Faculty Law Review Articles

Separation of powers in the United States is experiencing an unprecedented stress test. The Framers’ design envisioned three co-equal branches whose “ambition” would defensively counteract encroachment by other branches. In 2025, however, this structure is destabilized by an overly aggressive Executive, a subservient Congress, and a fractionalized Judiciary. The Executive’s unprecedented encroachment on legislative power and disregard for institutional restraint is a result of: (1) the U.S. Supreme Court’s (“the Court”) adherence to the unitary executive theory, under which the President has unfettered control over the entire executive branch, (2) Congress’ unwillingness to check the Executive, and (3) the Court’s …

On A Collision Course: The Twenty-First Amendment, The Dormant Commerce Clause, And Physical Presence Laws, Burke Craighead

St. Mary's Law Journal

No abstract provided.

Veterans' Benefits Exceptionalism After Axon: Johnson V. U.S. Congress And The Future Of Structural Constitutional Review In Va., Robert Molina

ConLawNOW

This Essay addresses the pending case before the U.S. Supreme Court, Johnson v. U.S. Congress, and argues that the Court should resolve the tension between regular federal jurisdiction and specialized administrative court jurisdiction for veterans’ benefits claims. Veterans’ benefits exceptionalism, it asserts, should not overcome the usual federal court process. Ordinary benefits-entitlement claims, and some statutory-validity claims, may properly remain in the specialized pipeline established by the Veterans’ Judicial Review Act. But structural constitutional challenges to the Veterans Administration adjudicatory apparatus should receive immediate district court review when they satisfy the three-factor test the Court applies to determine whether …

The Norm Against Nakedly Partisan Justifications And The Callais Exception, Jason Marisam

ConLawNOW

Public law has long maintained a norm against nakedly partisan justifications: while officials may sometimes pursue partisan ends in office, they must justify their actions in court with reasons that do not roughly equal “this benefits my political party” or “this hurts the opposition.” This norm has operated across doctrinal fields, including public employment, administrative law, and election law. In the 2025-26 term, in Louisiana v. Callais, the U.S. Supreme Court abandoned the norm entirely in the redistricting context, treating a state’s pursuit of partisan advantage as a legitimate interest that can defeat a claim under the Voting Rights …

Book Talk Discussion With Michael Pollack, Floersheimer Center For Constitutional Democracy

2026–2027 Flyers

Sidewalk Nation the Life and Law of America’s Most Overlooked Resource.

The Life and Law of America's Most Overlooked Resource

Brief Of Amici Curiae Criminal Law Scholars And Legal Organizations In Support Of Petitioner, Alabama Criminal Defense Lawyers Association, Florida Association Of Criminal Defense Lawyers, Kentucky Association Of Criminal Defense Lawyers, Criminal Defense Attorneys Of Michigan, North Carolina Advocates For Justice, Virginia Association Of Criminal Defense Lawyers, Due Process Institute, Ira P. Robbins, Kyle Singhal

Amicus Briefs & Court Filings

SUMMARY OF THE ARGUMENT: The Sentencing Guidelines are, in practice, the most consequential legal text in federal criminal law. Yet this Court has abstained from interpreting the Guidelines for decades. That practice is anomalous in the federal judiciary and should end. District courts must correctly calculate every defendant’s guideline range at every sentencing hearing. Courts of Appeals routinely hear appeals asserting guideline mistakes. And differences of appellate opinion over purely legal, highly consequential questions often arise. This Court apparently declines to hear such cases because the Sentencing Commission could resolve those conflicts. See Braxton v. United States,500 U.S. 344, …

Judging Fast And Slow, Bert I. Huang

Faculty Scholarship

The federal courts serve as our first responders in conflicts over constitutional rights and the separation of powers. They are called upon to react — fast — to legal challenges to governmental actions. To avert harm before it’s too late, they may rule within weeks, days, or even hours. They have done so in recent cases about free speech, freedom of the press, election law, independent agencies, federal workers, domestic troop deployments, spending and taxation, due process, search and seizure, and more.

The trial judges and appeals courts of the federal judiciary have long been tasked with this kind of …

Litigating Birthright Citizenship In The Shadow Of World War Ii: The Continuing Relevance Of A Forgotten Case, Rachel E. Rosenbloom

Michigan Journal of Race and Law

With the question of birthright citizenship before the Supreme Court this term in Trump v. Barbara, this Article explores the last time that federal courts confronted an attempt to restrict birthright citizenship. It tells the story of two lawsuits, Regan v. King and Fisk v. Wade, filed in 1942 by organizations seeking to overturn United States v. Wong Kim Ark, the 1898 Supreme Court decision that affirmed the broad scope of birthright citizenship under the Fourteenth Amendment. While the cases left little mark doctrinally, their history sheds light on a dimension of birthright citizenship litigation that has …

Inequality, Collective Power, And Democratic Renewal, Kate Andrias

Faculty Scholarship

With each passing week since this essay series commenced, American democracy has come under greater threat. Leading political scientists have concluded that the U.S. is now better described as a competitive autocracy rather than a democracy. President Trump’s recent attacks on core institutions and violations of the rule of law — from the use of violent force by ICE to the investigation of the Federal Reserve Chair and the threats involving Greenland — were unimaginable even a few months ago.

The Health Status Of U.S. Democracy, Philip C. Bobbitt

Faculty Scholarship

In 1776, Thomas Paine wrote Common Sense, a pamphlet that galvanized American public opinion in the aftermath of the colonial confrontations at Lexington and Concord. The disorganized revolt against British authority was largely undecided on next steps, public opinion having failed to coalesce around capitulation to London or revolution against the British government. Paine’s argument for American independence was uncompromising. Prefiguring the Declaration of Independence that put King George III front and center in the emerging conflict, Paine wrote: “In the monarchies, the King is the Law but in America, Law is King.”

Democracy Needs The Administrative State, Gillian E. Metzger

Faculty Scholarship

In public debate, the federal bureaucracy is not typically praised for its democratic credentials. Consisting of a wide array of agencies staffed by a permanent civil service and governed by detailed regulations, the administrative state is more likely to be portrayed as a bastion of red tape and unelected power. To hear members of the Supreme Court tell it, for example, the administrative state’s “unaccountable bureaucrats” and “vast power[s]” pose a dire threat to constitutional democracy that only expanded presidential control can solve. President Trump has offered an even darker view, attacking a “deep state” of entrenched government officials as …