Bill of Attainder

Dec 6, 2018   The term “Bill of Attainder” refers to the act of declaring a group of people guilty of a crime, and punishing them for it, usually without a trial. Officials have used bills of attainder to strip individuals of everything from their property to their lives. For example, bills of attainder caused … More Bill of Attainder

VIDEO The Great Dissent: Justice Scalia’s Opinion in Morrison v. Olson

October 9, 2018  featuring Gary Lawson, Richard Pildes, and Theodore Olson     Thirty years after the decision in Morrison v. Olson, questions raised in Justice Antonin Scalia’s lone dissent continue to inform legal debate on separation of powers and the unitary executive. Some scholars consider Justice Scalia’s dissent to be his finest opinion. What can today’s … More VIDEO The Great Dissent: Justice Scalia’s Opinion in Morrison v. Olson

VIDEO Exploring Federalist 51: Separation of Powers

July 11, 2018   How does the U.S. Constitution promote liberty? This video essay explores the insights from Federalist 51 about the role that structural safeguards play in promoting freedom–in particular, checks and balances. This project is part of the Federalist Society’s Article I Initiative, which explores the proper role of Congress according to its constitutional design. … More VIDEO Exploring Federalist 51: Separation of Powers

“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources

July 17, 2018 Federalist Society Review, Volume 19   Note from the Editor: This article discusses the proper interpretation of the Constitution’s Advice and Consent Clause. The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. Whenever we publish an article that advocates for … More “Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources