SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity
Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."
Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."
David Beito discusses his new book The New Deal’s War on the Bill of Rights: The Untold Story of FDR’s Concentration Camps, Censorship, and Mass Surveillance.
The Supreme Court will decide whether former presidents can avoid criminal prosecution by avoiding impeachment and removal.
From Alice Roosevelt to Hunter Biden, we've never been sure how to reconcile American democracy with American dynasties.
The modern presidency is a divider, not a uniter. It has become far too powerful to be anything else.
An interesting amicus brief urges the justices not to rely upon penumbras and emanations in construing the scope of Presidential immunity.
Joe Biden is the latest of a string of presidents to deny Congress its rightful role in war making.
The modern presidency is a divider, not a uniter. It has become far too powerful to be anything else.
Yet another case that Justice Kavanaugh would like to hear that does not interest enough of his colleagues.
The pandemic showed that America's founders were right to create a system of checks and balances that made it hard for leaders to easily have their way.
Plus: A listener asks the editors a question about progressive taxation in the United States.
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The president has not expunged marijuana records or decriminalized possession, which in any case would fall far short of the legalization that voters want.
Plus: Illegal immigrants at Whole Foods, AI predicting homelessness, Chinese espionage, and more...
In his State of the Union address, Biden promised indefinite U.S. involvement in Ukraine, Gaza, Yemen, and beyond.
The president's laundry list of proposed tax credits would likely make the problem of high housing costs worse.
Raising the payroll tax cap could generate up to $1 trillion over 10 years, but Social Security faces a $2.8 trillion deficit.
Biden claims that billions in loan forgiveness is "good for the economy," but his plans will end up costing taxpayers almost $500 billion.
Shrinkflation is just inflation by another name, and two other facts to keep in mind during tonight's State of the Union address.
As Joe Biden gives his speech, the audience will include this reminder of the journalist he’s trying to jail.
Who you gonna believe during Thursday's speech, the president's protectors or your lying eyes?
There is nothing in the Constitution that prevents an inmate from winning the presidency.
Plus: A listener asks the editors for short quotes from fictional works that are representative of libertarian ideas.
Virginia’s barrier crime law limits employment prospects for ex-offenders, who often find their way back into the penal system when they can’t find work.
There is nothing in the Constitution that prevents an inmate from winning the presidency.
The justices reframed the question presented in the case and expedited its consideration.
Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.
His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.
My new article in the print issue of Reason on how things could get weird
The supposedly reformed drug warrior's intransigence on the issue complicates his appeal to young voters, who overwhelmingly favor legalization.
The case raises an issue of high importance and the opinion may contain some loose reasoning.
The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."
A watchdog group cites ATF "whistleblowers" who describe a proposed policy that would be plainly inconsistent with federal law.
Under the Controlled Substances Act, the agency does not have the discretion to "deschedule marijuana altogether."
Should there be any limits to a president's power to centrally plan the economy? Apparently not.
People who were disenfranchised based on felony convictions face a new obstacle to recovering their voting rights.
His understanding of effective leadership and policing should repel anyone who cares about civil liberties and the rule of law.
Qualified immunity is a badly flawed doctrine the Supreme Court should abolish. But Trump's demands are much more extreme.
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Plus: Javier Milei’s powerful speech on economic prosperity in Davos
The former president argues that accountability is the enemy of effectiveness, both for cops and for politicians.
Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor.
The answer is likely "no" for US military action so far, because it is a defense against attack. But a broader conflict or one of much longer duration would be different.
Step 1: Become president. That's the hardest part.
As one appeals court judge pointed out, Trump's defense could literally let a president get away with murder.
Instead of indulging in politically risky sedition prosecutions of the black press, the government relied on indirect methods of behind-the-scenes manipulation and intimidation.
The reason is a combination of the general structure of our legal system and the original meaning of Section 3.
His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.
It's a commendable, but very modest, expansion of a step he took last year.