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Articles on Constitutional law

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RCMP Chief Supt. Will Ng speaks at a news conference as seized fentanyl pills are displayed in Surrey, B.C., in March 2023. Years of civil forfeiture regulations do not appear to be resulting in any meaningful abatement in organized crime, particularly in the illicit drug trade. THE CANADIAN PRESS/Darryl Dyck

Are governments using proceeds from crime to raise public funds?

Civil forfeiture laws and unexplained wealth orders seem to be less about crime control than an exercise in public funding.
A protester marks the Dobbs v. Jackson Women’s Health Organization decision anniversary outside the Supreme Court building on June 23, 2023. Associated Press/Nathan Howard

As president, Harris could not easily make Roe v. Wade federal law − but she could still make it easier to get an abortion

While both Congress and the president have extensive powers, they cannot easily change the law to protect abortions.
Former President Donald Trump speaks to the media following his appearance at the District Court in Washington, D.C., on Jan. 9, 2024. Jabin Botsford/The Washington Post via Getty Images

Can Trump be prosecuted? Supreme Court will take up precedent-setting case to define the limits of presidential immunity

In a case that will make legal and political history, the US Supreme Court will consider whether Donald Trump is immune from criminal prosecution for his alleged effort to undermine the 2020 election.
US President Donald Trump speaks to supporters from the Ellipse near the White House on Jan. 6, 2021, in Washington, D.C. Brendan Smialowski/AFP via Getty Images

More than 78 ‘friends’ of the Supreme Court offer advice on the 14th Amendment and Trump’s eligibility

34 groups filed briefs with the Supreme Court in favor of keeping Donald Trump on the ballot, 30 favored disqualifying him as an insurrectionist, and 14 simply added legal information to the record.
The Saskatchewan Legislative Building in Regina. Indigenous leaders have criticized the province’s updated consultation framework saying it excludes Indigenous nations. THE CANADIAN PRESS/Mark Taylor

Saskatchewan’s revised policy for consulting Indigenous nations is not nearly good enough

Saskatchewan’s provincial government must work with Indigenous nations on a shared vision for the future that is more likely to withstand the tests of time and litigation.
Fulton County District Attorney Fani Willis holds a press conference after the grand jury voted to indict former President Donald Trump on Aug. 14, 2023. Christian Monterrosa/AFP via Getty Images

Where will Trump go on trial first? How federal and state prosecutors and judges work out conflicts

Trump has trial dates set for three of his four criminal cases. But generally, state and federal prosecutors will coordinate to make sure that their dates don’t overlap.
Fulton County Superior Court Judge Robert McBurney receives documents from court clerk Che Alexander on August 14, 2023. Megan Varner/Getty Images

Fulton County charges Donald Trump with racketeering, other felonies – a Georgia election law expert explains 5 key things to know

Fulton County District Attorney Fani Willis’ RICO charges against Trump are targeting election law violations, but by another name. The charges can result in a minimum five years in prison.
U.S. Rep. Carolyn Maloney speaks during a press conference in December 2022, calling to affirm the Equal Rights Amendment to the Constitution. Alex Wong/Getty Images

Democrats revive the Equal Rights Amendment from a long legal limbo – facing an unlikely uphill battle to get it enshrined into law

Women’s rights groups and politicians have pushed, ultimately unsuccessfully, for the Equal Rights Amendment to become part of the Constitution for the past several decades.

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