When Senator Marco Rubio quipped during a 2016 rally held in Salem, Virginia, that former President Donald Trump had “small hands” and suggested, “you know what they say about people with small hands,” very few Americans thought this interaction would make or break the democracy they have come to cherish. Yet these words, echoed in…

Not all constitutional violations invite the same degree of condemnation from the bench. Some cases have the benefit not only of a sympathetic party and fact pattern but of an emotionally appealing constitutional issue, which the justices of the Supreme Court are eager to address. Other cases, by contrast, raise issues that are no less…

While sometimes portrayed as merely a threat to big business, the true victims of the Administrative State are small to medium-sized businesses. NCLA’s cases, Polyweave Packaging v. DOT and gH Package Product Testing and Consulting v. DOT, are each case studies of such practices, which demonstrate the material effects of agencies’ unconstitutional procedures on hardworking Americans. Small businesses…

The Administrative State has nearly every aspect of American life under its thumb. Many Americans have developed Stockholm syndrome-like feelings toward the deep state, crediting clean rivers, uncontaminated food, and safe airline travel to the virtue-laden hearts of unelected bureaucrats with no constituents to answer to. But what if we escaped our captors? What if…

The Constitution allows the government to express its views from the bully pulpit but prohibits bullying people into silence. The government generally may select its views and say what it wishes. But the Supreme Court made clear in Bantam Books v. Sullivan (1963) that government may not resort to even “informal sanctions,” such as “the threat of invoking…

The government recently had an opportunity to attempt to convince a federal court why efforts to abridge United States citizens’ disfavored political speech are consistent with the First Amendment. As explained in NCLA’s Missouri v. Biden case, ever since 2016, the federal government has become more interested in monitoring and managing what circulates on social media. With…