The Senate's Failure To Rein in Trump on Iran Is Part of a Long History of Congress Abdicating Its War Powers
War making in "the power of a single man" is not what the Founders intended.
Executive Power
The Supreme Court's Badly Flawed Ruling in the Haiti TPS Case
Extensive evidence indicates that the decision to end Temporary Protected Status for Haitian migrants was motivated by unconstitutional racial and ethnic discrimination. The Court's ruling on statutory issues also has flaws.
Supreme Court Lets Trump End Temporary Protected Status for Haitian and Syrian Nationals Residing in U.S.
Understanding the 6–3 decision in Mullin v. Doe.
D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
Trump, Scalia, and the Unitary Executive
How a four-decade-old dissent may now help the president fire independent federal agency heads at will
An Unconstitutional War Results in a Bad Deal
Trump's failure to secure constitutionally required congressional authorization for his war with Iran helped ensure the US lacked the staying power necessary to prevail.
The Courts Should Rein in Trump's Proposed Section 301 Tariffs as Well
A guest post by Georgetown legal scholar Peter E. Harrell.
Federal Circuit Stays Enforcement of Ruling Against Trump's Section 122 Tariffs
The ruling is flawed on both substantive and procedural grounds.
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Trump's $100,000 H-1B Visa Fee Is an Unconstitutional Tax, a Federal Judge Rules
U.S. District Judge Leo Sorokin struck down the fee, saying it exceeds the president's statutory authority and violates the separation of powers.
DOJ Claim That Trump Could 'Bulldoze' Statue of Liberty Fits a Pattern
It's the latest example of Justice Department attorneys claiming broad and unreviewable powers for the president.
Federal Court Invalidates Trump's $100,000 H-1B Visa Fee as Illegal Usurpation of Congress' Power to Tax
The ruling relies in part on the Supreme Court's decision in the tariff case.
Trump's Dubious New Section 301 Tariffs
They appear to be yet another illegal power grab, one that should be challenged in court.
Trump Administration Will Appeal Ruling Requiring Tariff Refunds
They claim the injunction requiring refunds cannot be universal, and can only apply to those businesses who filed lawsuits seeking recovery.
President Trump Doesn't Need Congressional Approval for His Actions as to Iran
Congress can only stop Trump’s actions in Iran by passing a concurrent resolution of both Houses over Trump’s veto, or by declining to fund the war in next year’s budget.
Video of my Bruno Leoni Institute (Milan) Talk on the Supreme Court Tariff Decision and its Implications
I gave the talk earlier this week.
US Court of International Trade Refuses to Stay Injunction Against Trump's Section 122 Tariffs
The decision means the injunction blocking collection of the tariffs will not be blocked while litigation continues.
Unitelma Sapienza University Talk and Interview About "Threats to Liberal Democracy in the United States - And How To Counter Them"
Videos of my presentation and interview on this topic at a major Italian university.
US Court of International Trade Rules Against Trump's Section 122 Tariffs
The 2-1 decision concludes Trump's massive new tariffs are illegal because there is no "balance of payments deficit" of the kind needed to authorize them.
11 Big SCOTUS Cases That Will Be Decided Soon
From immigration and guns to executive power, transgender athletes, and mail-in ballots, these are the Supreme Court cases to watch out for in May and June.
Congress Gave Away Its Authority To Declare War and Enabled Trump's Iran War
Congress hasn't voted to declare war since 1942, yet the legislative branch constantly refuses to rein in presidents.
The Major Questions Doctrine Constrains Presidential Power Over Elections
It limits executive power grabs in this field, as well as others.
Trump Had 60 Days To End the Iran War. Instead, He's Just Pretending It's Over.
Legally, Trump must either cease operations or ask Congress for approval. He did neither, and Congress just went on recess.
Rethinking Conservative Approaches to Executive Power
Conservative legal commentator Gregg Nunziata outlines reasons why conservatives should reject broad views of executive power.
Trump Administration Presents Update on its Tariff Refund Plan
The plan is not completely terrible. But many importers may still have difficulty getting the refund money owed to them.
Thoughts on Today's Oral Argument in the Section 122 Tariff Cases
The outcome is unclear. But the judges seemed skeptical of the Trump Administration's claims that Section 122 grants them sweeping tariff powers.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Lindsey Graham Says the President Can Start a War, but Only Congress Can End It
The feeling is perfectly consistent: Graham feels it should be as easy as possible for the U.S. to start a war, and as hard as possible to end one.
Our Amicus Brief in the Section 122 Tariff Case
I submitted the brief on behalf of the Cato Institute and myself.
With His Grandiose White House Ballroom Plan, Trump Again Asserts the Power To Do As He Pleases
"No statute comes close to giving the President the authority he claims to have," U.S. District Judge Richard Leon concluded when he enjoined the project.
Trump's College Sports Executive Order Adds Chaos to an Already Wild Legal War
Plus: Fox and Sinclair go crying to the FCC over sports streaming, and the Masters ticket lottery makes it too hard to get in
Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet
Both Donald Trump and Joe Biden asked the Supreme Court to abolish nationwide injunctions, which allow federal judges to stop a federal policy from going into effect.
Trump Realized He Can Just Do Things. Who Can Stop Him?
There are far too few checks left on executive power.
Review: Church Committee Report on Illegal Spying Is Relevant Again in the Trump Era
A new book revisits this 50-year-old Watergate report as President Donald Trump pursues his own politically motivated investigations.
A Year After 'Liberation Day,' Trump's Tariffs Will Never Be Legitimate Without a Vote in Congress
The Trump administration keeps trying to find legal loopholes, but the will of the people is the final judge of any major policy.
Trump's Mercurial, Constantly Changing Import Taxes Took American Businesses on a Wild Ride
There was little rhyme or reason to the president's "emergency" tariffs, which fluctuated wildly depending on his mood.
Trump Keeps Taking Equity Shares of Private Companies. A New GOP Bill Would Codify the Practice.
The bill would not only codify Trump's actions into law, it would establish a framework for both this and future administrations to do it too.
Trump's 'Military Operation' Wordplay Can't Hide Iran War
A war by any other name must still be authorized by Congress.
10 Boats, 10,000 Troops
Plus: a pause on power plant bombing, an executive order to fund the TSA, a tentative plan to end the DHS shutdown, and more…
A War by Any Other Name
From Korea to Iran, the United States has employed countless euphemisms that not only obscure the true nature of its wars but also the constitutional limits designed to constrain them.
Andrew Kent on the Alien Enemies Act
His work further demonstrates that the AEA cannot be used in response to illegal migration or drug smuggling, but only when there is a military attack.
Trump's New Tariff Plan Still Asserts a Crisis That Does Not Exist
The president’s invocation of Section 122 conflates a trade deficit with a balance-of-payments deficit.
Liberty Justice Center Files Lawsuit Challenging Trump's Section 122 Tariffs
LJC is the group with which I worked on the IEEPA tariff case decided by the Supreme Court.
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.
