FAS

Overruling Constitutional Precedents

09.25.18 | 1 min read | Text by Steven Aftergood

A new report from the Congressional Research Service examines how and why the U.S. Supreme Court would overturn one of its own rulings interpreting the Constitution. There are at least 141 cases where such rulings have in fact been overturned, including three in the Court’s latest term, and these are tabulated in an appendix to the report. See The Supreme Court’s Overruling of Constitutional Precedent, September 24, 2018.

Other new and updated reports from the Congressional Research Service include the following.

Supreme Court October Term 2017: A Review of Selected Major Rulings, September 19, 2018

International Law and Agreements: Their Effect Upon U.S. Law, updated September 19, 2018

Intellectual Property Law: A Brief IntroductionCRS In Focus, September 19, 2018

Can a Foreign Employee of a Foreign Company be Federally Prosecuted for Foreign Bribery?CRS Legal Sidebar, September 19, 2018

Expedited Removal of Aliens: Legal Framework, September 19, 2018

WTO Disciplines on U.S. Domestic Support for AgricultureCRS In Focus, September 19, 2018

Conflict in MaliCRS In Focus, updated September 19, 2018

The Palestinians: Overview and Key Issues for U.S. PolicyCRS In Focus, updated September 18, 2018

NAFTA and the Preliminary U.S.-Mexico AgreementCRS Insight, September 19, 2018

China’s Engagement with Latin America and the CaribbeanCRS In Focus, September 18, 2018

U.S.-China RelationsCRS In Focus, updated September 18, 2018

American War and Military Operations Casualties: Lists and Statistics, updated September 14, 2018

publications
See all publications
Emerging Technology
Report
SOURCE CODE: A Policy Agenda for Fostering Trust and Fairness in AI

These ideas aim to advance the detailed policy solutions needed to foster public trust and implement fairness in the adoption of AI across diverse domains, from healthcare and government benefits to rural access, education, and worker protections.

06.11.26 | 17 min read
read more
Emerging Technology
day one project
Policy Memo
Move Algorithmic-Driven Pay and Scheduling Systems From Surveillance Pay to Fair Wages

The evidence is clear: algorithmic pay-setting is established in app-based work, and payroll/timekeeping failures show how software can produce systemic wage harm at scale

06.11.26 | 15 min read
read more
Emerging Technology
day one project
Policy Memo
How State Leaders Can Put People First in AI Decision-Making

While a few states have taken steps to implement decision-making mechanisms for certain AI systems, too many leaders are simply accepting narratives about AI’s purported public benefit at face value – jumping to the “how” of AI implementation before thoroughly vetting potential systems and deciding whether they are appropriate to use at all.

06.11.26 | 17 min read
read more
Emerging Technology
day one project
Policy Memo
Empowering Communities through Community Benefit Agreements in AI-Fueled Data Center Development

When properly structured — with specific numeric targets, secured financial obligations, independent monitoring, and meaningful enforcement — CBAs transform data center deals into durable community partnerships.

06.10.26 | 16 min read
read more