Michael Gerhardt from the University of North Carolina School of Law and Clark Neily from the Institute for Justice join our Jeffrey Rosen to discuss a timeless topic among constitutional law scholars: When is it appropriate for the courts to strike down laws passed by a legislature?
About the Supreme Court
The United States Supreme Court is the highest court of the judicial branch of government—its duty is to interpret the law. Since 1803, the Supreme Court has been understood to have the power to declare national, state, and local laws unconstitutional. Article III of the Constitution defines the Supreme Court and which cases it can hear, and how other federal courts are established.
The United States Supreme Court resumes business later this month, with some high-profile cases on its docket. But the cases that aren’t making headlines are some of the most interesting in front of the Justices.
Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at the issues of same-sex marriage and Obamacare as they head for dates with the Supreme Court.
The first full week of January will be a big one for the national debate over same-sex marriage bans, starting in Florida on early Tuesday and ending with a private Supreme Court conference on Friday.
Chief Justice of the United States John G. Roberts Jr. is embracing a big technological change for the Supreme Court, but it doesn’t involve the presence of cameras in the nation’s highest court.