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David Adler Columns

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David Adler Columns
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David Adler Columns
Court declares a right to contraceptives for unmarried individuals
The individual right to privacy carved a path for subsequent assertions
David Adler
March 18, 2023
David Adler Columns
Court finally ends race discrimination in public accommodations
1964 was a pivotal year in the civil rights movement
David Adler
March 11, 2023
David Adler Columns
Supreme Court in Nebbia: 'An Ominous Fork in the Road'
The decision saved the American dairy industry
David Adler
March 4, 2023
David Adler Columns
The Supreme Court delivers landmark victory for farmers
Farmers organized politically to counter the power of the railroads.
David Adler
February 25, 2023
David Adler Columns
Pence seeks refuge in the Speech or Debate Clause
The clause enabled congressional representatives to fulfill their public duties
David Adler
February 18, 2023
David Adler Columns
State of the Union Address: The Constitution & Politics
For the nation’s chief executive, there is no greater stage
David Adler
February 11, 2023
David Adler Columns
The First Amendment and free speech on campus
Freedom of speech is a powerful tool, exercised to expose impoverished opinions
David Adler
February 4, 2023
David Adler Columns
The Constitution and government classification of secrets
The Constitution is silent on the repository of authority to classify documents
David Adler
January 28, 2023
David Adler Columns
Tinker v. Des Moines: Anchoring students’ free speech rights
It's the authoritative ruling on symbolic speech rights for students
David Adler
January 21, 2023
David Adler Columns
Buck v. Bell: The Supreme Court upholds forced sterilization
The opinion has still not been overruled
David Adler
January 14, 2023
David Adler Columns
Powell v. McCormack: Confining Congress to the Constitution
Does Congress have the authority to refuse to seat a duly elected candidate
David Adler
January 7, 2023
David Adler Columns
At Year’s End: A Duty to Protect our Constitutional Democracy
The citizenry bears a special responsibility to defend our Constitution
David Adler
December 31, 2022
David Adler Columns
Constitutionally Speaking, A Former President May Be Prosecuted
No special dispensation is required to permit prosecution of a citizen
David Adler
December 24, 2022
David Adler Columns
Law and History Reject Unlimited Legislative Power
"An elective despotism was not the government we fought for"
David Adler
December 17, 2022
David Adler Columns
Donald Trump’s call to terminate the Constitution
Although the Constitution is indestructible, it is yet subject to amendments
David Adler
December 10, 2022
David Adler Columns
Lynch v. Donnelly: Christmas Creche and the Constitution
Does a nativity display violate the First Amendment?
David Adler
December 3, 2022
David Adler Columns
Near v. Minnesota: Bulwark of Press Freedom
The court built protection for freedom of the press against governmental censorship
David Adler
November 26, 2022
David Adler Columns
Affirmative Action in universities: Has it a future?
Programs have suffered declining public support since the 1978 ruling
David Adler
November 5, 2022
David Adler Columns
Presidents and former presidents are subject to subpoenas
It's a reminder of the American ideal that all are equal in the eyes of the law
David Adler
October 29, 2022
David Adler Columns
Equal protection: Serving sons and daughters
The 1996 decision exalted women’s rights under the Equal Protection Clause
David Adler
October 22, 2022
David Adler Columns
Muller v. Oregon: Protection for women in the workplace
The Court for the first-time treated women as a separate class
David Adler
October 15, 2022
David Adler Columns
Supreme Court in 1873: Women unfit to practice law
Not every landmark decision championed the rights of Americans
David Adler
October 9, 2022
David Adler Columns
US v. Smith: No presidential power to initiate war
Nothing in the Constitution empowers the president to repeal an act of Congress
David Adler
October 1, 2022
David Adler Columns
A little-known landmark ruling of historic dimensions
In short, this decision was a blockbuster
David Adler
September 24, 2022
David Adler Columns
The Court Protects the American Labor Movement
The stunning 1937 decision came with enormous economic and societal importance
David Adler
September 17, 2022
David Adler Columns
The Court, the Minimum Wage Ruling and the Holy Ghost
This helped protect women and children from exploitation
David Adler
September 10, 2022
David Adler Columns
Shelley v. Kraemer: 'My little soul is overjoyed'
The decision rendered racial covenants unenforceable
David Adler
September 3, 2022
David Adler Columns
Gideon’s trumpet: Toward equality in criminal justice
The opinion reflected the determination to create one rule for rich and poor alike
David Adler
August 27, 2022
David Adler Columns
Loving v. Virginia: Equal means equal
The landmark ruling affirmed marriage as a fundamental right
David Adler
August 20, 2022
David Adler Columns
Lochnerizing: Supreme Court cements substantive due process
The case represented a historic moment for its influence on constitutional law
David Adler
August 6, 2022
David Adler Columns
'Like a loaded weapon:' the Korematsu ruling as a threat
The decision was a national disaster — one that will live in infamy
David Adler
July 30, 2022
David Adler Columns
Korematsu: A heart-breaking decision by the US Supreme Court
It represents a cautionary tale for a nation that might willingly scatter its principles
David Adler
July 23, 2022
David Adler Columns
Constitutional principles for the ages: McCulloch for Maryland
The Constitution springs from the hands of the sovereign people, not the states
David Adler
July 16, 2022
David Adler Columns
Shaping the future of American constitutional law
This case explored the extent of federal power and the limits of state authority
David Adler
July 9, 2022
David Adler Columns
McCulloch v. Maryland: The greatest of landmark decisions
The Court’s ruling was explosive in its impact
David Adler
July 2, 2022
David Adler Columns
Constitutional responses to emergencies
The Constitution's framers refused to vest emergency power with the president.
David Adler
June 25, 2022
David Adler Columns
Emergencies and the Constitution: Retroactive ratification
Does the president possess an inherent power, often referred to as emergency power?
David Adler
June 18, 2022
David Adler Columns
Supreme Court rebukes Truman’s seizure of steel mills
The fact is Congress had not authorized the president to seize private property
David Adler
June 11, 2022
David Adler Columns
Steel Seizure Case ruling reins in presidential power
It has achieved landmark status and deserving rank in the pantheon of “great” cases
David Adler
June 4, 2022
David Adler Columns
Loving: The Supreme Court upholds interracial marriage
This represented a powerful blow to one of the remaining remnants of Jim Crow
David Adler
May 28, 2022
David Adler Columns
Saluting the flag: A matter of speech and religious liberty
The two interpretations often have been the subject of debate
David Adler
May 21, 2022
David Adler Columns
Supreme Court: A right to refuse to salute the flag?
The Court had a dramatic reversal in just three short years
David Adler
May 14, 2022
David Adler Columns
Supreme Court: State actors may not lead school prayer
The Court had declared the existence of a wall separating church and state
David Adler
May 7, 2022
David Adler Columns
The Supreme Court and religion: Entering the maze
This ruling foreshadowed the controversy that surrounds us to this day
David Adler
April 30, 2022
David Adler Columns
Brown and racial equality in public education
The Court held that separate but equal educational facilities are “inherently unequal”
David Adler
April 23, 2022
David Adler Columns
The Brown decision and America's commitment to equality
The ruling is in the pantheon of America’s greatest judicial decisions
David Adler
April 16, 2022
David Adler Columns
Earl Warren: Finding 'the notion of equality'
The Chief Justice’s simple approach appealed to the ultimate human values involved
David Adler
April 9, 2022
David Adler Columns
The Brown decision: Twists and turns shape the Constitution
Unpredictable twists and turns shape American constitutional law
David Adler
April 2, 2022
David Adler Columns
Justice Harlan’s Imperishable Dissent in Plessy v. Ferguson
He became “the great dissenter” in American constitutional history
David Adler
March 26, 2022
David Adler Columns
Plessy v. Ferguson: An infamous landmark ruling
Not all landmark Supreme Court decisions are admirable
David Adler
March 19, 2022
David Adler Columns
Without freedom of the press: Life behind the Iron Curtain
Armed with knowledge about the war, the Russian people might rise in opposition
David Adler
March 12, 2022
David Adler Columns
Supreme Court rules on secrecy vs. public’s right to know
The decision opened a window onto the government’s decision-making...and deceit
David Adler
March 5, 2022
David Adler Columns
The Pentagon Papers case and the right to know
Even Jefferson observed that newspapers were indispensable to "the people's right to know"
David Adler
February 26, 2022
David Adler Columns
The Sullivan decision: Affirming the right to criticize government
Criticism of government and public officials is the central meaning of the 1st Amendment
David Adler
February 19, 2022
David Adler Columns
NY Times v. Sullivan saves freedom of the press
The case checks all the definitional boxes of a landmark ruling
David Adler
February 12, 2022
David Adler Columns
The Abrams dissent: New life for freedom of speech
Seldom has a dissenting opinion attained landmark status
David Adler
February 5, 2022
David Adler Columns
Justice Holmes' changing conception of free speech
Justices can and do change their minds about the meaning of the Constitution
David Adler
January 29, 2022
David Adler Columns
Free speech origins: Clear and present danger test
America’s free speech story did not begin until World War I
David Adler
January 22, 2022
David Adler Columns
Clinton v. Jones, presidential immunity and Donald Trump
How can the president be held accountable
David Adler
January 15, 2022
David Adler Columns
McCulloch v. Maryland: Why we have implied powers
Many legal scholars believe it's the most important decision rendered by the Supreme Court
David Adler
January 8, 2022
David Adler Columns
Cooper v. Aaron: Striking down nullification, again
The case appeared to threaten the very existence of the United States as a nation
David Adler
January 1, 2022
David Adler Columns
Why federal courts possess authority over states
The authority of the federal courts to review and judge state acts and laws indispensable
David Adler
December 25, 2021
David Adler Columns
Federalist 78: Foundation for Marbury v. Madison
The writings represented the matured conclusions of the framers of the Constitution
David Adler
December 18, 2021
David Adler Columns
Origins of judicial review and Marbury v. Madison
The citizenry is entitled to understand the sources of this constitutional power
David Adler
December 11, 2021
David Adler Columns
Marbury v. Madison: The greatest of landmark decisions
The power of judicial review ensures that we could say: 'the government cannot do this'
David Adler
December 4, 2021
David Adler Columns
Why we study landmark judicial decisions
Of necessity, we need better acquaintance with key Supreme Court rulings
David Adler
November 27, 2021
David Adler Columns
Court's creation of executive privilege without foundation
With Nixon, the Court supplied a legal limb for the assertion of executive privilege
David Adler
November 20, 2021
David Adler Columns
Executive privilege: Flimsy historical defenses
Our Constitution is absent of any mention of executive privilege
David Adler
November 13, 2021
David Adler Columns
Amendments to create a 'more perfect union'
The framers knew that they could not anticipate the ways in which the nation would change
David Adler
October 16, 2021
David Adler Columns
Supreme Court's authority engulfed by storms and polarization
Just 40% of Americans approve of the performance of the nation’s highest tribunal
David Adler
October 9, 2021
David Adler Columns
The right to privacy and the road to Roe v. Wade
The laws governing reproductive rights continue to spike controversy across America
David Adler
October 2, 2021
David Adler Columns
Griswold v. Connecticut and the right to privacy
The case established that right as a fixed star in our constitutional constellation
David Adler
September 25, 2021
David Adler Columns
Origins of the right to privacy
To many, it's as thoroughly indispensable to our conception of liberty and freedom.
David Adler
September 18, 2021
David Adler Columns
John Marshall and the need for judicial transparency
The Court bears the great responsibility of explaining its reasoning to the people.
David Adler
September 11, 2021
David Adler Columns
Let's think constitutionally
Partisanship is just one of the controlling levers of constitutional understanding.
David Adler
August 28, 2021
David Adler Columns
American withdrawal from Afghanistan and the War Clause
The decision to withdraw was inevitable, as every president ensnared by the war knew well.
David Adler
August 21, 2021
David Adler Columns
Civic virtue should induce citizens to become vaccinated
The founders believed that Americans possessed sufficient virtue to do the right thing.
David Adler
August 15, 2021
David Adler Columns
The Senate’s check on judicial nominations
More than one president felt the stinging rejection of a prospective member of the court.
David Adler
August 7, 2021
David Adler Columns
Abuse and circumvention of the "Advice and Consent" Clause
What happens when the aims, purposes and spirit of the clause are abused?
David Adler
July 31, 2021
David Adler Columns
 'Advice and Consent': Constitutional duty of the Senate
"Advise and consent" was drawn for the purpose of limiting the powers of the president.
David Adler
July 24, 2021
David Adler Columns
The case against congressional term limits
The framers of the Constitution did not impose term limits in members of Congress
David Adler
July 17, 2021
David Adler Columns
Congressional term limits: Light from the 22nd Amendment
Constitutional history can be a useful guide in a nation’s decision-making process...
David Adler
July 10, 2021
David Adler Columns
Where frequent elections end, tyranny begins
The framers’ debates on the duration of an elected term went off in many directions...
David Adler
July 3, 2021
David Adler Columns
Ratifying the Constitution: Democracy in action
Shall the citizenry ratify, that is, approve, the proposed Constitution, or not? ...
David Adler
June 26, 2021
David Adler Columns
Disaster for the Constitution: Flawed Assertions of State Sovereignty
Disaster for the Constitution: Flawed Assertions of State Sovereignty
David Adler
David Adler Columns
Why the Rule of Law Matters
We know what life looks like in a nation without rule of law principles. The world witness
David Adler
David Adler Columns
Probing Federalism: The Supremacy Clause
“Federalism,” which refers to the allocation of powers between the federal and state gove
David Adler
David Adler Columns
Personalizing the Constitution
Together, the Declaration of Independence and the U.S. Constitution form what Gunnar Myrda
David Adler
David Adler Columns
A Cell Phone Recording, First Amendment Rights and a Guilty Verdict
When 17-year old Darnella Frazier used her cell phone on May 25, 2020, to record the murd
David Adler
David Adler Columns
The Personal Constitution: Embodied in the First Amendment
The concept of the “Personal Constitution,” which we introduced in this column last week,
David Adler
David Adler Columns
The Importance of the Rule of Law
No phrase in our constitutional galaxy carries the majesty and prestige of the rule of law
David Adler
David Adler Columns
The Mystery of the Ninth Amendment
The Mystery of the Ninth Amendment
David Adler
David Adler Columns
The Biden Commission and the Concept of Court-Packing
President Biden recently signed an executive order creating a bi-partisan commission that
David Adler
David Adler Columns
The Beguiling 10th Amendment
The Beguiling 10th Amendment
David Adler
David Adler Columns
Fundamental Fairness: Statehood for Washington DC?
The introduction of H.R. 51, a bill to make Washington, D.C. the 51st state—the “Washingto
David Adler
David Adler Columns
Nullification: Old Wine in New Bottles
Nullification: Old Wine in New Bottles
David Adler
David Adler Columns
Separation of Powers and Checks and Balances
The constitutional principle of “separation of powers” is as casually thrown around as fri
David Adler
David Adler Columns
First Principles of American Constitutionalism
The Supreme Court is the final interpreter of the Constitution, but ...
David Adler
David Adler Columns
Holding Government Accountable
Americans of various political stripes across the country often ask how they can hold gove
David Adler
David Adler Columns
Checks and Balances: Workhorse of the Constitution
The framers separated governmental powers—legislative, executive and judicial—to avoid the
David Adler