The Sunny Side of Donald Trump's Power Grabs
The president is positioning himself to have much greater control over a smaller, enfeebled federal bureaucracy.
Executive Power
Trump Will Create 520,000 More Illegal Immigrants by Undoing Haitians' Protected Status
The move effectively retcons J.D. Vance's claim that legal Haitian immigrants were actually here illegally.
Has the Imperial Presidency Arrived?
There's little question that Trump is taking the concept of the imperial presidency to its apogee.
Trump Has Good Reason To Complain About Limits on His Ability To Fire Executive Officers
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
The New Captain America Film Has Important Lessons for Trump and Biden Stans
In Captain America: Brave New World, a power-hungry president makes reckless choices and withholds vital information—but even he looks competent compared to Biden and Trump.
Presidents Should Not Ignore Court Rulings
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Two Injunctions Against Trump's Citizenship Decree Expose the Weakness of His Arguments
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
Trump Is Flat-Out Lying About the 60 Minutes Interview With Harris
The full transcript shows the president's complaints about the editing of the interview are not just wildly hyperbolic and legally groundless. They are demonstrably false.
Challenge Trump's Tariffs Under the Nondelegation and Major Questions Doctrines
Recent Supreme Court precedent suggests such challenges might prevail, though success is not guaranteed.
Why Is Paramount So Keen To Settle Trump's Laughable Lawsuit Against CBS?
The company is worried that the president's complaints about a 60 Minutes interview with Kamala Harris could block a pending merger.
Biden's Record-Breaking Regulatory Run
In four years, Biden issued regulations costing an estimated $1.8 trillion, by far the highest total in American history.
Is Humphrey's Executor in the Crosshairs?
Firing members of "independent" agencies would seem to set up a direct challenge to a longstanding precedent.
Was It Legal for Trump to Fire Seventeen Inspectors General Without Notice?
Jack Goldsmith offers his analysis.
Trump's Citizenship Decree Signals His Willingness To Flout the Constitution
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
My New Just Security Article On Trump's "Invasion" Executive and its Dangerous Implications
The article explains why the order is unconstitutional and why letting it stand would be very dangerous, including for the civil liberties of US citizens.
Trump Tries To Fire Inspectors General, Likely Violating Federal Law
A law passed in 2022 requires the president to give Congress a "substantive rationale" for removing inspectors general. Trump has not done that.
Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies
But at least he restored respect for a tariff-loving predecessor by renaming a mountain.
How Trump Could Unilaterally Place Tariffs on Mexico and Canada
They are allied countries with which the U.S. has a trade deal (a deal negotiated by Trump, no less), but presidential emergency powers are nearly limitless.
With Executive Order Avalanche, Trump Continues Trend Toward a Monarchical Presidency
We have too much rule by decree by whoever currently holds the office of president and a pen.
Biden and Trump Show Presidents How To Abuse Clemency
Biden’s preemptive pardons and Trump’s blanket relief for Capitol rioters both set dangerous precedents.
Can Trump Rename the Gulf of Mexico With an Executive Order?
The most important thing in any name is not what some official institution or a collection of old maps says. Spontaneous order tends to rule the day.
Day 1
Plus: Pardoning the Proud Boys, revoking birthright citizenship, Elon Musk's not-a-Nazi-salute, and more...
Biden's Preemptive Pardons Undermine Official Accountability and the Rule of Law
His last-minute acts of clemency invite Trump and future presidents to shield their underlings from the consequences of committing crimes in office.
Trump's Illegal First-Day Executive Actions
Several of his announced actions are likely to be illegal, especially some related to immigration.
Biden Attempts To Ratify the Equal Rights Amendment by Blog Post
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
Regulation, Prohibition, and Litigation: Joe Biden's Busy Lame-Duck Period
Why should an unpopular president shape so much policy on his way out?
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
Rights and Wrongs of Chief Justice Roberts' Year-End Report on the Judiciary
Roberts identifies genuine problems, but little in the way of good solutions. He also sometimes overlooks ways in which the Supreme Court is partly responsible for the challenges the judiciary faces.
RIP Jimmy Carter, the 'Passionless' President
The libertarian case for the late Jimmy Carter.
A Decaying Joe Biden Underlines the Need for a Less Powerful Presidency
The power of the office is excessive, and we don’t even know who is wielding it.
Was the Supreme Court Wrong About Presidential Immunity?
Glenn Greenwald and Elizabeth Price Foley debate Trump v. United States and its implications for presidential powers.
When Deciding Whether To Investigate His Opponents, Trump Says, He Will Defer to 'Very Fair' Kash Patel
Trump's pick to run the FBI has a long list of enemies he plans to "come after," with the legal details to be determined later.
Hunter Biden's Pardon Features Several Shades of Hypocrisy, Including the Gun Policy Implications
Joe Biden says his son did not deserve prison for violating firearm laws that the president vigorously defends and has made more severe.
Biden's Final Insult to Our Intelligence
Plus: A listener asks the editors about the libertarian position on doctor-assisted suicide.
Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
Return of the 'Tariff Man'
Plus: Are tariffs inflationary, RIP to a giant of the free market movement, and more...
The Last Chance To Curtail Trump's Tariff Powers?
Sen. Rand Paul's bill to require congressional consent for tariffs is getting new attention in the final weeks before Trump's return to power.
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan
Berry explains why the plan is flawed on legal and other grounds.
Want To Lower the Political Temperature? Make the Presidency Less Important
Congress needs to reassert its powers and bring the imperial presidency back down to earth.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
Trump Has Many Grudges. Now He Has a Chance To Act on Them.
In his second term, the former and future president will have more freedom to follow his worst instincts.
Trump Is Not Thoughtful Enough To Be a Fascist
The Republican presidential candidate’s views do not reflect any unifying principle other than self-interest.
More on "Invasion," the Alien Enemies Act, and the Political Question Doctrine
Legal scholar Michael Ramsey points out another way courts could reject Trump's plan to use the act as a tool for peacetime mass deportation.
Trump's Plan to Use the Alien Enemies Act of 1798 as a Tool for Mass Deportation
The plan is illegal. But courts might refuse to strike it down based on the "political questions" doctrine.
Democrats Refusing To Say They'd Accept a Trump Victory Aren't Helping
It's fundamentally different from what Republicans have tried to do, but similar enough to be worrisome.
