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
State & Local Innovation
Report
Before Breaking Ground: A Local Government Guide to Better Data Center Policy and Community Benefits

This report serves as a landscape assessment and toolbox from which local governments can negotiate an informed position when it comes to the levers available to them and includes a first-of-its kind analysis of eight executed community benefits agreements.

09.10.26 | 42 min read
read more
Government Capacity
Blog
Federal Data Help Communities Prepare for, Respond to, and Recover from Hurricanes. Data Terminations Will Make Them More Deadly.

When a hurricane hits, it’s all hands on deck – that goes for federal data, too. Pulling back from our investments in timely, accurate, and accessible public data will only make us less prepared and put us all at greater risk.

09.08.26 | 5 min read
read more
Government Capacity
Blog
The Public Health Cost of Eliminating Race and Ethnicity Data

This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans. 

09.04.26 | 6 min read
read more
Emerging Technology
Blog
How AI’s Soft Law Sandcastles Can Become Hard Law Skyscrapers

Soft law was never meant to be a permanent solution. Treating it as one, and letting the sandcastle stand in for the skyscraper indefinitely, is how we end up with a decade of voluntary commitments and no enforceable accountability to show for it.

09.03.26 | 10 min read
read more