Is It War?
America's longest, most depressing game show
Executive Branch
The Federal Government Was Told To Make a List of Everything It Funds. 15 Years Later, There Still Isn't One.
A sad commentary on the sprawling size and eye-watering cost of the government.
Twenty-Four States Led by Oregon File Lawsuit Challenging Trump's Section 122 Tariffs
The massive new tariffs are illegal, just like the IEEPA tariffs previously invalidated by the Supreme Court.
My New Dispatch Article on "Why Donald Trump's Iran War is Unconstitutional"
The article explains why the war requires congressional authorization,and why this requirement is important.
How the Supreme Court's Conception of Its Role Contributes to the Deformation of the Constitution
The Court's law-declaration approach not only departs from its dispute-resolution premise but risks yielding a faulty product.
US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs
Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.
The "Unitary Executive" Theory's Contribution to the Deformation of the Constitution
The "three buckets" picture of the federal government, in combination with the unitary executive thesis, gives extravagant power to the President.
How Unstated Legal Ideas Have Deformed the Constitution
In the "three buckets" picture of the structure of the federal government, a federal entity that is not part of Congress or part of the judiciary must inevitably be in the Executive Branch.
An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
It's the Spending, Stupid!
The truest measure of government in our lives is the federal budget, which is out of control.
Bernie Sanders Is Lying About AI Data Centers
Robby Soave and Christian Britschgi discuss why AI data centers spark joy, their favorite Black Mirror episodes, and libertarian skepticism of the Epstein files release.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).
Society for the Rule of Law Podcast About the Tariff Decision
Gregg Nunziata interviewed me.
Can People in Frog Costumes Beat Fascism?
The "State of the Swamp" event highlights the power and limits of absurdity and whimsy in political protest.
Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision
Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.
Trump's SOTU Lies
Plus: Entitlement reform, gas prices, the Reason SOTU drinking game, robo-vac spies, and more...
5 Reasons To Doubt Trump's Boast About Bringing Down Fentanyl Smuggling
A drop in seizures doesn't necessarily mean a decline in the supply.
Trump's Tariffs Are Not Going To Eliminate the Income Tax
And that's especially true if the tariffs are illegal.
Trump Says Tech Companies Should Build Their Own Power Plants for AI Data Centers
The plan recognizes that public opinion is what's holding data centers back the most.
Don't Believe Trump's Brags About Bringing Down Drug Prices
The president can't just bring prices down with the stroke of his pen, no matter what he claimed in his State of the Union speech.
Trump Gives IVF a Shoutout in the State of the Union Address
The Trump administration signals an intent to continue appealing to the mainstream, not the far right, on IVF.
3 Bogus Economic Stats in Trump's State of the Union
President Donald Trump tossed out a bunch of economic statistics during his State of the Union address. Here are three that are just plain wrong.
Trump Demands Congress Ban Large Investors Owning Homes. Here's Why That's a Bad Idea.
Large investors are a small, beneficial presence in the single-family home market.
My New Boston Globe Article on Why "Trump's New Tariffs are Another Dangerous Presidential Power Grab"
The article explains why the new Section 122 tariffs are illegal, and courts should strike them down, when (as is likely) lawsuits are filed against them.
Trump Can't Filibuster Through the 6-Year Itch
Those expecting fireworks at tonight's State of the Union will have to sit through the tedious resume-padding of a flagging president.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat
The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.
Trump's Tantrum Over the Tariff Decision Highlights His Narcissistic Authoritarianism
The president neither understands nor appreciates the vital role of judicial independence in upholding the rule of law.
The Supreme Court Didn't Fully End the Trade War, but It Reinforced Limits on the Presidency
President Trump will undoubtedly keep trying to impose protectionism, but his options are limited.
Andrew McCarthy on "Why Trump's Section 122 Tariffs Are Illegal"
The prominent conservative legal commentator outlines the case against Trump's latest tariff power grab.
My New Atlantic Article About Our Win in the Tariff Case
It covers many issues raised by the decision.
A Note on Tariff Refunds
Thanks to our victory in the tariff case before the Supreme Court, businesses that paid billions of dollars in illegally collected tariffs can seek refunds. But the process may be difficult.
Trump Orders New 10 Percent 'Global Tariff' After Supreme Court's Rebuke
The new tariff will be implemented under a 1974 law that gives the president authority to impose tariffs for up to 150 days.
"The Day Will Come When Those Disappointed by Today's Result" as to Tariffs …
"will appreciate the legislative process for the bulwark of liberty it is."
Even Without the 'Emergency' Powers SCOTUS Rejected, Trump Has a Bunch of Tariff Options
There are many laws that explicitly authorize the president to impose taxes on imports, but they include limits that Trump was keen to avoid.
The Supreme Court Just Struck Down Trump's 'Emergency' Tariffs
"There is no exception to the major questions doctrine for emergency statutes," wrote Chief Justice John Roberts.
Supreme Court Decides Our Tariff Case - and We Won!
In a 6-3 decision, the Court ruled that the International Emergency Economic Powers Act does not authorize tariffs.
Federal Trade Commission Calls Chamber of Commerce 'Left-Wing'—Because It Opposes Onerous Regulations
So now it’s radical to be against Biden-era merger notification requirements?
When Jesse Jackson Met Ronald Reagan
An encounter on the campaign trail. Was it a dead end, or a wasted opportunity?
Trump Imposed 39 Percent 'Emergency' Tariffs When Switzerland Hurt His Feelings
The story is an exercise in pettiness but also a perfect reason why Congress and the Supreme Court should limit the president's power grab.
Libertarians Tried To Warn You About Executive Power
Plus: Speaker of the House Mike Johnson embraces warrantless ICE searches, the Super Bowl halftime culture war, and Trump continues funding the Department of Education
Donald Trump Makes the Case for Decentralized Control of Elections Great Again
Trump's call to "nationalize elections" leads prominent election law scholar Rick Hasen to reverse his longstanding support for such a policy.
American Presidents Shouldn't Endorse Foreign Political Candidates
Trump's endorsements of Viktor Orbán and Sanae Takaichi, like Clinton's support for Boris Yeltsin or Obama's opposition to Benjamin Netanyahu, do not make America great.
