Is It War?
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Executive Power
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.
My New Dispatch Article on "Why Donald Trump's Iran War is Unconstitutional"
The article explains why the war requires congressional authorization,and why this requirement is important.
How the Supreme Court's Conception of Its Role Contributes to the Deformation of the Constitution
The Court's law-declaration approach not only departs from its dispute-resolution premise but risks yielding a faulty product.
US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs
Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.
The "Unitary Executive" Theory's Contribution to the Deformation of the Constitution
The "three buckets" picture of the federal government, in combination with the unitary executive thesis, gives extravagant power to the President.
How Unstated Legal Ideas Have Deformed the Constitution
In the "three buckets" picture of the structure of the federal government, a federal entity that is not part of Congress or part of the judiciary must inevitably be in the Executive Branch.
An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).
Society for the Rule of Law Podcast About the Tariff Decision
Gregg Nunziata interviewed me.
Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision
Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.
My New Boston Globe Article on Why "Trump's New Tariffs are Another Dangerous Presidential Power Grab"
The article explains why the new Section 122 tariffs are illegal, and courts should strike them down, when (as is likely) lawsuits are filed against them.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat
The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.
Trump's Tantrum Over the Tariff Decision Highlights His Narcissistic Authoritarianism
The president neither understands nor appreciates the vital role of judicial independence in upholding the rule of law.
The Supreme Court Didn't Fully End the Trade War, but It Reinforced Limits on the Presidency
President Trump will undoubtedly keep trying to impose protectionism, but his options are limited.
Andrew McCarthy on "Why Trump's Section 122 Tariffs Are Illegal"
The prominent conservative legal commentator outlines the case against Trump's latest tariff power grab.
My New Atlantic Article About Our Win in the Tariff Case
It covers many issues raised by the decision.
A Note on Tariff Refunds
Thanks to our victory in the tariff case before the Supreme Court, businesses that paid billions of dollars in illegally collected tariffs can seek refunds. But the process may be difficult.
Trump Orders New 10 Percent 'Global Tariff' After Supreme Court's Rebuke
The new tariff will be implemented under a 1974 law that gives the president authority to impose tariffs for up to 150 days.
"The Day Will Come When Those Disappointed by Today's Result" as to Tariffs …
"will appreciate the legislative process for the bulwark of liberty it is."
Even Without the 'Emergency' Powers SCOTUS Rejected, Trump Has a Bunch of Tariff Options
There are many laws that explicitly authorize the president to impose taxes on imports, but they include limits that Trump was keen to avoid.
The Supreme Court Just Struck Down Trump's 'Emergency' Tariffs
"There is no exception to the major questions doctrine for emergency statutes," wrote Chief Justice John Roberts.
Supreme Court Decides Our Tariff Case - and We Won!
In a 6-3 decision, the Court ruled that the International Emergency Economic Powers Act does not authorize tariffs.
Trump Imposed 39 Percent 'Emergency' Tariffs When Switzerland Hurt His Feelings
The story is an exercise in pettiness but also a perfect reason why Congress and the Supreme Court should limit the president's power grab.
Libertarians Tried To Warn You About Executive Power
Plus: Speaker of the House Mike Johnson embraces warrantless ICE searches, the Super Bowl halftime culture war, and Trump continues funding the Department of Education
Donald Trump Makes the Case for Decentralized Control of Elections Great Again
Trump's call to "nationalize elections" leads prominent election law scholar Rick Hasen to reverse his longstanding support for such a policy.
American Presidents Shouldn't Endorse Foreign Political Candidates
Trump's endorsements of Viktor Orbán and Sanae Takaichi, like Clinton's support for Boris Yeltsin or Obama's opposition to Benjamin Netanyahu, do not make America great.
Free Nations Don't Have To Care About the Whims of Elected Officials
Limited government means those in power can do limited damage to the rest of us.
Brett Kavanaugh Says Trump Threatens Federal Reserve Independence
Trump’s legal arguments “would weaken, if not shatter, the independence of the Federal Reserve,” the justice said.
Mike Johnson Says He Has 'No Intention' of Letting Congress Vote on Trump's Tariffs
A House rule prohibiting tariff resolutions from coming to the floor will expire at the end of the month and is unlikely to be renewed.
The Insurrection Act, Which Trump Keeps Threatening To Invoke, Is Alarmingly Vague and Broad
The antiquated statute arguably allows the president to deploy the military in response to nearly any form of domestic disorder.
'We Cannot Be Afraid To Do Something Because the Left Might Do It in the Future'
Vice President J.D. Vance on the nature of power
Trump's War on Interest Rates
No one likes high interest rates on credit cards and loans, but artificially lowering interest rates via executive power is not a solution.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1989 to 2009
Presidential non-acquiescence in Humphrey's Executor from 1989 to 2009.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1969 to 1989
Humphrey's Executor from 1969 to 1989.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1945 to 1969
Almost every president since 1945 has refused to accept Humphrey's Executor as having been correctly decided.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1933 to 1945
President Franklin D. Roosevelt did his best to defend presidential removal power at will notwithstanding the Supreme Court’s lawless decision in Humphrey’s Executor v. United States.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1921 to 1933
Every President from 1921 to 1933 successfully defended presidential removal power at will.
Transgender Athletes, Guns, and the Federal Reserve: 3 SCOTUS Cases To Watch in January
The Supreme Court’s January docket is packed with big cases.
Why the DOJ Has Stopped Describing Maduro as the Head of a Literal Drug Cartel
That embarrassing mistake highlights the slipperiness of Trump's attempts to justify legally dubious policies by invoking the specter of "foreign terrorist organizations."
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1901 to 1921
Every president from 1901 to 1921 successfully defended presidential removal power at will.
The 'Law Enforcement' Rationale for Invading Venezuela Is an Open-Ended License for War
If an indictment is enough to justify military action, why bother seeking congressional approval?
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1881 to 1901
Every president from 1881 to 1901 successfully defended presidential at-will removal power.
Congressional Acquiescence Facilitates Executive Branch Military Adventurism
Here as elsewhere, lethargy in the legislature is no way to counter execss energy in the executive.
