Court-packing is the attempt to change the number of Supreme Court justices to shift the balance

Franklin D. Roosevelt's 1937 court-packing plan sought to expand the Supreme Court—and failed

Frustrated by Supreme Court rulings against the New Deal, Franklin D. Roosevelt proposed expanding the court in 1937. The failed plan triggered fierce backlash and is regarded as the last serious presidential attempt to alter the court's size for ideological ends.

The 2025-26 Supreme Court docket is poised to reshape presidential power

As the Supreme Court begins a new term, several major cases could define the scope of presidential authority. The court may rule on President Trump's efforts to control state National Guard units, fire independent officials, impose tariffs, and cut congressionally mandated federal spending.

Marshall used deft political maneuvering to increase the court's power in Marbury v. Madison

This podcast explores how Chief Justice John Marshall avoided a direct clash with President Jefferson by denying William Marbury his commission—while simultaneously declaring that courts can strike down unconstitutional laws—cementing judicial review, and expanding the Supreme Court's authority.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

See who appointed the Supreme Court's 116 throughout its history.

A court designed to be the least powerful branch of government became one of the most influential institutions in America.

The Supreme Court has greatly expanded executive power in recent years

In Trump v. United States, the court ruled that a former president enjoys absolute immunity for "official acts" in his constitutional core powers. In Trump v. CASA, Inc., the court limited federal courts' ability to block executive enforcement through nationwide injunctions—decisions that shifted power toward the executive branch.

Supreme Court justices serve for life

The Constitution grants Supreme Court justices lifetime appointments to shield them from electoral politics and outside pressure, a design meant to preserve judicial independence but now widely debated due to longer lifespans and partisan balances of the court.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

Most Americans support age limits for justices, elected officials

As members of Congress and Supreme Court justices continue to serve at an average age far older than in the past, polls show a majority of Americans favor setting an age limit for these roles. Roughly 79% support caps for federal elected officials, and 74% favor such limits for Supreme Court justices. A constitutional amendment would be required.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

The separation of powers is a pivotal component of the US Constitution

Explore how the three branches interact through the Supreme Court case of US v. Alvarez. The Supreme Court first struck down a law, then Congress and the president later revised it—illustrating how judicial review can reshape legislation and executive action.

In recent decades, Supreme Court nominations have grown increasingly contentious and partisan

This video examines the historical shift from bipartisan, civil confirmation hearings to the deeply divisive process seen today. It focuses on the 1987 nomination of Robert Bork, the most recent nominee to be rejected, as an important moment in this transformation.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

John Marshall presided over more than 1,100 Supreme Court decisions

During his 34-year tenure, the Marshall court issued 1,129 decisions, including 1,042 unanimous rulings. Marshall authored more than 500 majority opinions—over half of the court's total output during his tenure as chief justice.

Watch scholars debate Supreme Court term limits

In a debate from 2017, legal scholars from across the political spectrum spar over whether justices should serve fixed terms. The discussion highlights bipartisan concerns about judicial independence, accountability, and the risks of lifetime tenure.

Hear about the individuals who have reshaped the Constitution throughout American history

This multi-episode podcast series from The Washington Post explores how debates, court decisions, and influential individuals have shaped the Constitution as Americans pushed the nation to live up to its founding ideals.

John Marshall inherited a marginal and largely inactive Supreme Court

By 1801, the court had little institutional authority or public standing. Its first three chief justices served only 11 years combined, and in its first decade, the court decided only 63 cases—none of which struck down a federal or state law.

See how a US Supreme Court justice is nominated and confirmed

A president nominates a Supreme Court justice, the Senate Judiciary Committee conducts public hearings and background vetting, and the full Senate debates and votes on confirmation—a process explained step by step in this video.

Meet the 9 justices currently serving on the US Supreme Court.

Explore the most impactful Supreme Court cases in US history

Browse by constitutional topic to explore key rulings, their historical impact, and the legal principles they established. Each case includes a summary of the decision, along with notable excerpts from majority and dissenting opinions.

Term limits for Congress face a steep constitutional hurdle

Although polls show overwhelming support for congressional term limits, this would require a constitutional amendment. Since 1995, the Supreme Court has barred states from imposing their own limits, leaving only the difficult Article V amendment process as a path forward.

The framers feared creating another monarchy through an unchecked executive

Having rebelled against British royal power, the framers deliberately limited the presidency—balancing "energy in the executive" with safeguards against tyranny. Debate at the 1787 Constitutional Convention centered on preventing any return to monarchical rule.

Courts referee federalism disputes between Congress and the states

Modern federalism is primarily worked out through litigation. The Supreme Court decides disputes in written opinions that explain when federal law preempts state authority, how far Congress's powers extend, and when states may resist.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

Take a deep dive into the constitutional foundations of judicial review

In this episode of "This Constitution," the hosts take a law-focused approach to judicial review—examining its roots in Article III and the supremacy clause, its development through Marbury v. Madison, and the ongoing constitutional debates about whether the court's power strengthens or strains American democracy.

Supreme Court Justice Louis Brandeis once called states 'laboratories of democracy'

Louis Brandeis argued that federalism allows states to experiment with new policies without committing the entire nation, thereby allowing successful ideas to spread while limiting the risks of failure.

Courts have blocked the Trump administration's 2025 executive order limiting birthright citizenship

In June 2025, the Supreme Court declined to rule on the constitutionality of the order. Since then, two federal appellate courts have found the order unconstitutional, halting its enforcement nationwide.

The Judiciary Act of 1789 created the foundation of the federal justice system

Passed by the First Congress, the Judiciary Act of 1789 established the federal court system, the Office of the Attorney General, and the US Marshals Service—the first law concerning national law enforcement and legal administration.

Watch 2 Supreme Court justices debate how the Constitution should be interpreted

In a 2009 conversation, former Justices Antonin Scalia and Stephen G. Breyer lay out competing approaches to constitutional interpretation: Scalia's textualist, strict constructionism versus Breyer's evolutionary view of the Constitution in practice.

In the SEC vs. Jarkesy ruling of 2024, the Supreme Court overturned the Securities and Exchange Commission's ability to seek civil penalties for securities fraud in-house, which significantly scaled back the agency's enforcement capabilities.

The Senate must approve top presidential appointments

Under Article II of the Constitution, the United States Senate provides "advice and consent" on presidential nominees. This resource displays the outcome of every Cabinet nomination since Jimmy Carter's presidency and every Supreme Court nomination in US history.

Why Congress doesn't have term limits

Eighty-seven percent of Americans want term limits for Congress. So why don't they exist? The Founders debated this in 1787 and chose not to include them, believing elections would be enough. In the 1990s, 23 states tried to make it happen—until the Supreme Court struck them all down in a 5-4 decision.

Explore biographies of every justice who has served on the Supreme Court

This archive traces the whole history of the Supreme Court of the United States through detailed biographies of every justice, outlining their backgrounds, appointments, and the legal eras and decisions they helped shape.

Gerrymandering works through two techniques: cracking opposing voters across districts to dilute their power, and packing them into a few to waste their votes in lopsided majorities.

Cracking and packing are gerrymandering techniques. Cracking splits opposing voters across districts, diluting their power. Packing concentrates their votes into a few districts, wasting them in overwhelming majorities for one party.

Can courts end partisan gerrymandering?

This podcast explored whether courts can rein in partisan map-drawing, focusing on North Carolina's 2023 redistricting battle, the Moore v. Harper case, and the controversial "independent state legislature" theory.

Senate confirmations for presidential nominees have become increasingly partisan and delayed

The Senate now takes longer than ever to confirm presidential nominees, with partisan gridlock stalling even routine appointments. The average confirmation time has nearly tripled since the 1980s, leaving key government roles vacant for months.

The Supreme Court has never definitively settled federal war powers

Despite more than two centuries of conflict over war powers, the Supreme Court has consistently avoided defining the precise boundary between congressional and executive authority, leaving that boundary to be contested by the political branches.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

Read the majority opinion that established judicial review

In his opinion in Marbury v. Madison, Chief Justice John Marshall argued that a written constitution is "paramount law" and that courts must refuse to enforce statutes that conflict with it. He declared that "it is emphatically the province and duty of the Judicial Department to say what the law is."

Experts believe a Supreme Court ruling on birthright citizenship is likely in 2026

In September 2025, the Trump administration asked the Supreme Court to review lower court rulings striking down its executive order on birthright citizenship. If the court takes the case, a decision is expected by mid-2026.

Hear about the 1962 Supreme Court case so divisive that it caused a justice's breakdown.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

As president, Thomas Jefferson expanded federal power despite opposing centralized authority

Although Jefferson argued for limited national power, his presidency expanded federal authority through actions such as the Louisiana Purchase, territorial governance, and federal enforcement—reflecting a pragmatic departure from his earlier strict interpretation of the Constitution.

Limited courts is a source of tension between pickleball and tennis players

Municipalities have rushed to accommodate the explosion of pickleball games, but sometimes they can't keep up. That's frustrated tennis players, whose courts are now often filled with people playing the sport.

FDR greatly expanded the authority and size of the executive branch

FDR expanded presidential power through the New Deal, World War II leadership, and direct communication with the public. He redefined the executive branch as an active policymaking force and established expectations for strong, interventionist presidential leadership.

The Supreme Court blocked states from setting term limits for Congress

In US Term Limits v. Thornton (1995), the Supreme Court struck down state laws that tried to impose term limits on their congressional delegations. The court ruled such restrictions unconstitutional unless added through a federal amendment.

Hear leading experts on constitutional law discuss the legacy and impact of Marshall

In this podcast, constitutional scholars Michael Gerhardt (University of North Carolina) and Kevin Walsh (University of Richmond) analyze Marshall's 34-year tenure, assessing his role in establishing judicial review, expanding federal power, and shaping the court's institutional authority.