The U.S. Constitution, especially as amended after the Civil War, was written to secure individual liberty under limited government. Drawing on the vision first set forth in the Declaration of Independence, it authorizes a federal government of delegated, enumerated, and thus limited powers, which must be exercised consistent with our natural and moral rights. Unfortunately, with the rise of Progressivism at the end of the 19th century, the Constitution has been read increasingly as authorizing largely unlimited government and the modern administrative state. Cato’s scholars are dedicated to addressing the many aspects of that problem and to restoring America’s promise of liberty under limited government.
Constitutional Law
Featured Content
How Many of H.R. 1’s Provisions Are Unconstitutional?
How many provisions of election omnibus bill H.R. 1/S. 1 would courts find unconstitutional? It’s hard to keep count.
Will the Supreme Court Overturn the Infamous Takings Decision of Kelo v. City of New London?
The Supreme Court allowed New London, Connecticut to take Susette Kelo’s land and give it to a developer who promised (but didn’t deliver) increased tax revenue. Will they let Chicago take Fred Eychaner’s land and give it to a politically connected corporation?
New Hate Crimes Legislation Moving in Congress
Defining a hate crime is a challenge and definitions vary by jurisdiction, but Congress is moving ahead with revising and expanding those laws federally. Walter Olson comments.
Partial Victory on Racial Discrimination in the Indian Child Welfare Act
In a complicated set of rulings, the Fifth Circuit largely upheld a lower court decision striking down the pernicious law.
Making D.C. the 51st State
Today, Congress has authority over the entire District of Columbia, albeit delegated in large measure to the District government. That authority would cease under this bill.
Legal Briefs
Cato at the Supreme Court
The Cato Institute is one of the biggest filers of amicus curiae (Latin for “friend of the court”) briefs in the Supreme Court. Amicus curiae briefs are filed by third parties who have a special interest or expertise in a case and want to influence the Court’s decisions in a particular way. In all our briefs Cato maintains an unwavering commitment to articulating for the Court how the principles of liberty and a commitment to the original public meaning of the Constitution should guide their decisions.
Meet Our Experts
Featured Center
Robert A. Levy Center for Constitutional Studies
Cato’s Robert A. Levy Center for Constitutional Studies and its scholars take their inspiration from the struggle of America’s founding and Civil War generations to secure liberty through constitutionally limited government. The Center’s scholars address a wide range of constitutional and legal issues, especially by encouraging the judiciary to neither make nor ignore the law but rather to interpret and apply it through the natural rights tradition inherited from the Founders.