You Might Have a 'Uniquely Compelling' Reason to Find Out Whether Your Government Has Placed You on a Kill List
Bilal Abdul Kareem has been nearly droned in Syria five times already. A federal judge agrees his lawsuit over the matter can proceed.
Executive Power
How the Masterpiece Cakeshop Decision Strengthens the Case Against Trump's Travel Ban
The Supreme Court's ruling was based on state officials' apparent hostility to the bakers' religious beliefs. There is far stronger evidence of such hostility in the travel ban case.
Evidence Indicates there is no "Extensive" Analysis Backing Trump's Travel Ban
Despite the administration's claims to the contrary, it appears that no such thing exists. Its absence strengthens the constitutional case against the travel ban.
The Case for Abolishing the Requirement that the President Must be a "Natural Born" Citizen
I am reposting my 2016 post on this subject, on the occasion of Kevin Walsh's guest-blogging stint addressing the same issue.
End of Iran Deal Underscores a Weakness of Obama's 'Pen and Phone' Presidency
If your "signature achievements" are done by executive power alone, they might as well be written in pencil.
Trump, Reagan, and Why Republicans Flip-Flopped on Free Trade
The Donald is more like The Gipper on trade policy than you think. And not in a good way.
Rethinking the Unitary Executive
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
Thoughts on the Travel Ban Oral Argument
The justices' comments in the oral argument suggest this will be a close case that could easily go either way. The outcome could well turn on the views of that perennial swing voter, Justice Anthony Kennedy.
A Roundup of My Volokh Conspiracy Posts on the Travel Ban
On the eve of the of Supreme Court oral argument in the travel ban case, here are links to some of my more notable VC posts on the subject.
Trump Wages War Wherever and Whenever He Wants
The unauthorized attack on Syria shows Congress won't enforce limits on the president's military powers.
Originalism, Living Constitutionalism, and the Power to Initiate War
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.
The Constitution and Trump's Next Strike Against Syria
A small-scale strike might be constitutional even without congressional support. But it is also likely to be useless, much like last year's missile strike turned out to be. Large-scale military action of the sort that could make a real difference, requires advance congressional authorization.
Constitutional Law Scholars' Amicus Brief in the Travel Ban 3.0 Case Explains Why the Bill of Rights Restricts Federal Power over Immigration
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
If Congress Reclaims Its War Powers, There Would Be Little Reason to Worry About John Bolton
Many people fear that John Bolton and Donald Trump might start an unnecessary war. But such fears would be unnecessary if Congress were to reclaims it power to initiate war.
Appeals Court Rules That Trump's Travel Ban 3.0 Is Unconstitutional
The US Court of Appeals for the Fourth Circuit concluded that the ban violates the First Amendment because it is intended to discriminate against Muslims.
Put 'Humanity First,' Demands 2020 Democratic Presidential Candidate Andrew Yang
No robots need apply.
Why Trump's Words Matter
Trump's awful rhetoric is a menace to liberty - even when it does not lead to any immediate action.
Don't Count on Institutions to Stop Trump
Our institutions are strong enough to restrain a president, but they're also strong enough to empower him.
Farewell to Nicholas von Hoffman, the Newsman Who Got Fired for Comparing Nixon to a Dead Mouse
Friday A/V Club: Columnist, broadcaster, and critic of concentrated power
Trump and the End of the Imperial Presidency
If you look past the shouting and the narcissism, there are clear signs that Trump doesn't have as much power as we all want or fear.
What Can Richard Nixon—and Warren Harding!—Teach Us About Donald Trump's State of the Union Address?
Some surprising insights and historical curiosities from past presidents at their one-year marks
Supreme Court Will Hear Case Challenging Trump's Travel Ban 3.0
The Court's decision to take the case is not surprising. It could potentially result in a very important decision addressing the scope of presidential power over immigration.
The Buck Stops Over There
In his first year, Donald Trump took presidential blame shifting to new heights.
Appeals Court Rules Against Trump's Travel Ban 3.0
The court concluded that the travel ban exceeds the scope of presidential authority and violates immigration laws enacted by Congress.
Bruce Ackerman on the Need to Rein in Unconstitutional Warmaking Before it is Too Late
A prominent constitutional law scholar highlights the perils of wars waged without congressional authorization - a practice engaged in by Obama and now perpetuated by Trump.
Is Donald Trump, of All Presidents, Devolving Power Back to the Legislative Branch?
Contrary to his reputation (and Twitter feed), the president has been selectively trimming executive power.
The NRA's Dangerous Alternative to a Bump Stock Ban
The ATF has no legal authority to restrict the controversial firearm accessory.
Corker Against World War III Now That Trump Is for It
Corker is a longtime defender of American intervention and war in the Middle East, and now wants to supply billions in weapons to the Saudis and Ukraine.
Rick & Morty Takes on the American Presidency
The hit cartoon depicts how out of control presidential power has gotten.
Trump's Latest Travel Ban Is Just As Legal but Not Much Smarter
The president did not need Venezuela and North Korea to make his order constitutional.
Congress Does Not Want Its War Power
A Senate vote shows that even Trump critics are happy to let the president use the military as he pleases.
It's Up to Congress to Save the Dreamers Donald Trump Just Threw Under the Bus
Scrapping DACA is a callous act that'll hurt the country.
Trump Launches a Suicidal War on His Own Party
Instead of striving to ingratiate himself with those who hold his fate in their hands, the president seems determined to antagonize them.
Trump's Travel Ban Is Legal but Dumb
Irrational, half-baked anti-terrorist policies are not necessarily unconstitutional.
By Trump's Logic, His Foot-Dragging on 'Extreme Vetting' Endangers Us All
An appeals court upholds an injunction against the president's travel ban but once again leaves him perfectly free to improve screening.
Trump's Travel Ban Is Security Theater
Intent on blocking visitors from Muslim-majority countries, the president confuses political incorrectness with seriousness.
4th Circuit Exaggerates the Ambiguous Evidence Against Trump's Travel Ban
Which is more important to the president: hurting Muslims or looking tough on terrorism?
Trump's Diminishment of the Presidency Is Healthy, Not Scary
The checks and challenges invited by the president's "serial recklessness" should be welcomed.
The Dangers of President Trump's Incompetence
His recklessness doesn't necessarily weaken the executive branch. In fact the opposite may be true.
Time for Constitutional Conservatives to Start Acting Like it Post-Comey
Ted Cruz, Rand Paul, and Mike Lee need to step up their oversight game
Former Obama Lawyers Are Suddenly Worried About Illegal Wars
Unlike his predecessor, Trump has not even done us the courtesy of coming up with a laughable excuse.
The Only Solution to the Trumps' Conflicts of Interest
The heart of the potential for conflicts of interests is not the Trump business empire. It's the presidential power to steer benefits to particular interests.
What Washington's Farewell Address Tells Us About Trump's America (Reason Podcast)
The nation's father warned against "hyper-partisanship, excessive debt and foreign wars" in 1796. Why aren't we paying attention, asks John Avlon.
3 Questions for Supreme Court Nominee Neil Gorsuch
He should explain his views on federalism, executive power, and unenumerated rights.
