Constitutional Principles
Separation of Powers, Explained
The Constitution splits lawmaking, enforcement, and judging among Congress, the President, and courts, with built-in checks like vetoes and impeachment.
Constitutional Foundations
Constitutional foundations are the basic documents and ideas that set up American government and limit its power. They include the written Constitution and its amendments, the principles that divide authority among branches and levels of government, and the methods courts and scholars use to read the text. Together they explain where government gets its authority and what it cannot do.
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Latest in Constitutional Foundations
The Presidency
Can a President Serve More Than Two Terms?
The Twenty-Second Amendment caps elections, not years served, so a successor president can serve up to about ten years, and a vice-presidential loophole remains untested.
Constitutional Interpretation
Why the Supreme Court Rarely Second-Guesses Presidential Trade Decisions
The delay itself tells a story that goes beyond legal complexity. It reveals something about how American courts approach presidential power in trade—and why they almost…
Constitutional Interpretation
The Constitutional Clause That Originally Gave Congress Tariff Power
President Trump imposed $133 billion in tariffs by declaring a national emergency. Two lower courts declared them unconstitutional. The Supreme Court heard arguments on November 5,…
Topics in Constitutional Foundations
Understanding the Constitution
U.S. Constitution and Amendments covers the text itself and the rights it protects. Constitutional Principles covers ideas such as separation of powers and federalism, and Constitutional Interpretation covers how judges decide what the words mean.
U.S. Constitution and Amendments
46 articles
- How States Catch Criminals Across Borders
- How Article IV Guarantees Your Rights
- How the Constitution Guarantees Your Rights in Every State
All Articles on Constitutional Foundations
Can State Prosecutors Charge a President? The Constitutional Question at Stake
The Second Circuit's November 2025 order doesn't cancel Trump's 34-count felony conviction for falsifying business records. But it does something that could matter more:…
Can a President Unilaterally Exit Treaties? The Constitutional Answer Is Murky.
But a fundamental constitutional question remained unresolved: Does the President have the legal power to terminate treaties without congressional approval? The Constitution is strikingly…
The Fourth Branch: How Federal Agencies Shape the Economy
In the vast machinery of the United States federal government, there exists a unique class of institutions that defies the neat tripartite separation of…
Article I Courts: How America’s Legislative Tribunals Work
The American judicial system is frequently visualized through the lens of the Supreme Court: nine justices in black robes, serving for life, issuing final…
Trump Wants Greenland. Can a President Buy Territory?
President Donald Trump's White House confirmed on January 7, 2026, that acquiring Greenland is a national security priority and that using military force is…
Why the FTC Firing Case Could Reshape How Washington Works
The Supreme Court case Trump v. Slaughter asks whether the president can fire the commissioners who run the Federal Trade Commission whenever he wants,…
The Laws of War: How the US Follows (and Doesn’t Follow) International Rules
War is chaos, but it's also one of the most strictly regulated human activities. For the United States, a superpower with troops from Eastern…
Why Courts Blocked Trump’s Lawyer Alina Habba from Being a Prosecutor
In a ruling with profound constitutional implications, the United States Court of Appeals for the Third Circuit has declared that Alina Habba, a central…
Why the Pentagon Threatened to Court-Martial Senator Mark Kelly
The Pentagon’s threat against Senator Mark Kelly involves military retirement, lawful orders, retirement pay and constitutional limits on political speech.
How Biden’s Autopen Use Sparked a Fight Over Presidential Power
For over 70 years, the presidential autopen has operated quietly in the White House. The machine uses a real pen to replicate a president's…