Joe Biden can easily stop further work on the wall, protect property owners against further takings of private property, and save money in the process. Additional steps may be tougher, but are still worth considering.
President Trump's use of the pardon power confirms Anti-Federalist fears more than did his predecessors'.
Politics ruining your holidays? Now you can pay for the privilege.
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Plus: House OKs bloated $1.4 trillion spending package, new Amash bills aim to protect asylum seekers and immigrant detainees, and more...
Current law can allow the president to route around Congress indefinitely.
A pardon is something granted, like a gift, and it is presumed one cannot grant something to themselves.
A "self-pardon" might bring about exactly the prosecution it seeks to avoid.
President Trump pardoned a turkey and an agent of Turkey. Will he give himself a lame duck pardon next?
Also: Thanksgiving tips and reasons for gratitude, from The Reason Roundtable
If Trump isn’t interested, maybe the Biden administration could get started with a few acts of mercy.
"It's time that we start thinking about reining in the powers that we've let slip to this institution," says the Cato Institute's Gene Healy.
Trump claimed the power to issue a national eviction moratorium during COVID. Could that pave the way for the mask mandates Biden clearly wants?
President-elect Joe Biden has promised to fully reinstate DACA. But such a move will surely be challenged in court. Here's an easy way to reduce the risk that such challenges might succeed.
All five cases were recommended to the White House by commutation recipient Alice Marie Johnson.
The implications of this move are as yet unclear.
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
The divided 2-1 decision is the first court of appeals ruling to rule on the legality of a key part of the funding diversion effort.
Mail-in ballots typically take days or sometimes weeks to be counted, so don't expect results on Election Night this year.
Giving one man control of all nuclear weapons is a mistake.
Whitmer helped spark a national debate over the limits of executive power.
The court concludes that the ban is illegal in large part because the broad authority claimed by the president violates the nondelegation doctrine.
Some possible answers to these questions from leading experts on the subject.
The opinion was written by prominent conservative Judge David Sentelle.
Under the broad terms of a 1934 federal law, the president has the authority to seize emergency control of almost any electronic device in the country.
The Trump presidency has been a stress test for maximalist theories of presidential power.
If only that signaled a broader respect for legal limits on executive power.
There’s nothing good about censoring communication platforms citizens want to use.
I coauthored it with Harvard Law School Professor Randall Kennedy.
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
Plus: Raleigh cop uses fake evidence in drug cases, caution on CDC study linking restaurants to COVID-19 cases, and more...
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
The Trump administration's new nationwide eviction moratorium provokes a backlash from some congressional Republicans.
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
"I know what moral panics look like; they look kind of like this."
A preliminary assessment of Trump v. Mazars and Trump v. Vance.
Both major parties defend the Constitution only when it's convenient.
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
New York City's primary election fiasco reveals gross incompetence rather than fraud.
Department of Homeland Security
The lack of Senate-confirmed officers at DHS is a serious problem.
The lawsuit raises a variety of important issues, including a nondelegation challenge. It could turn out to be a very significant case.
Whitmer's argument is short on facts and legal reasoning.
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
Two centuries of precedents say the president is not immune from judicial process.
