The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

About The Volokh Conspiracy Editorial Independence Who we are Books Volokh Daily Email Archives Search DMCA RSS

New in SCOTUSBlog: "The separation and expansion of powers between Congress and the president"

Our final installment to track the changes in constitutional law.

Josh Blackman | 10.20.2026 12:28 PM

SCOTUSBlog has published the final installment in our series on recent changes in constitutional law. This essay focuses on the separation of powers. It begins:

The late 1990s and early 2000s ushered in the Rehnquist federalism revolution, which appeared to place limits on Congress' powers and expand those of the states. Then came Sept. 11, 2001, and the global war on terror, which seemed poised to expand the president's powers. Yet, by 2008, Congress' powers........

© Reason.com