Will Democrats Embrace the Imperial Presidency Now That Their Guy Is in Charge?
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
Executive Power
Biden Issues At Least 15 Executive Orders and Actions on Day One
Plus: Columbia University neuroscientist defends heroin use, Cuomo plan would still criminalize growing or delivering marijuana, and more...
Biden's Revival of Trump's Eviction Moratorium is at Odds with His Position on the Legality of a National Mask Mandate
Biden correctly recognizes he doesn't have the authority to impose a general national mask mandate. The same reasoning shows the nationwide eviction ban is also illegal.
Biden's Mask Mandate Retreat Is a Hopeful Sign
The president acknowledges that there are limits to executive power, even during a public health emergency.
Can President Trump Pardon Himself?
The Constitution's words, history, and structure suggest the best answer is no. He can't plead, "I beg my pardon."
Biden's Recovery Plan Would Extend the Federal Government's Extraordinary Eviction Ban Through September 2021
Eviction bans were enacted as an emergency public health measure. They’re quickly becoming a permanent policy.
Pelosi Says Congress Is 'Prepared' To Impeach Trump Again Unless Pence Invokes 25th Amendment
In a Thursday afternoon announcement, Speaker of the House Nancy Pelosi (D–Calif.) said Trump committed "an act of sedition" by inciting a riot on Wednesday afternoon.
A Qualified Defense of Impeaching Trump Again
I supported the previous impeachment of Trump, and would be happy to see him impeached and convicted now. But before proceeding, we should carefully consider how effective a new impeachment effort is likely to be.
Trump Wasn't a Dictator, but He Played One on TV
The 45th president busted norms left and right. But the abuse of executive power didn't start and won't end with him.
Congress Overrides Trump Veto of Defense Bill that Includes Tight Constraints on Use of "Emergency" Powers to Divert Military Construction Funds to the Border Wall and Other Projects
This would prevent repetition of some of the shenanigans Trump has used to divert funds for his border wall project.
Will President Biden Have Greater Control Over Independent Agencies than His Predecessors?
A newly released OLC opinion asserts the White House can require independent agencies to comply with Executive Orders on regulatory review.
How Biden Can Terminate Trump's Border Wall Project - And Save Money and Protect Property Rights in the Process
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.
Trump's Pattern of Self-Serving Pardons Continues
President Trump's use of the pardon power confirms Anti-Federalist fears more than did his predecessors'.
White House Christmas Ornaments
Politics ruining your holidays? Now you can pay for the privilege.
Biden Acknowledges Constitutional Limits to the Power of the Presidency
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Trump Outlaws Ugly Federal Buildings
Plus: House OKs bloated $1.4 trillion spending package, new Amash bills aim to protect asylum seekers and immigrant detainees, and more...
Justin Amash Introduces Bill To End Forever National Emergencies
Current law can allow the president to route around Congress indefinitely.
Former Judge Michael Luttig on Why the Pardon Power Does Not Encompass Self-Pardons
A pardon is something granted, like a gift, and it is presumed one cannot grant something to themselves.
Another problem with self-pardons
A "self-pardon" might bring about exactly the prosecution it seeks to avoid.
The Pardon Power May Be Broad, But that Does Not Mean a Self-Pardon Would Be Legit
President Trump pardoned a turkey and an agent of Turkey. Will he give himself a lame duck pardon next?
What Does Trump's Post-Election Behavior Tell Us About American Politics?
Also: Thanksgiving tips and reasons for gratitude, from The Reason Roundtable
Presidential Pardons Offer Trump a Way to Go Out on a Positive Note
If Trump isn’t interested, maybe the Biden administration could get started with a few acts of mercy.
The Imperial Presidency Will Not End With Trump
"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.
Will Biden Use the Broad Pandemic-Fighting Powers Originally Claimed by Trump?
Trump claimed the power to issue a national eviction moratorium during COVID. Could that pave the way for the mask mandates Biden clearly wants?
A Simple Way to Help Protect DACA Against Legal Challenges
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.
Trump Grants Clemency to 5 More Federal Prisoners
All five cases were recommended to the White House by commutation recipient Alice Marie Johnson.
Supreme Court Decides to Take a Border Wall Case
The implications of this move are as yet unclear.
Amy Coney Barrett's "Suspension and Delegation"
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
Trump Can End Census Now, Says Supreme Court in Ruling That Could Have Big Impact on House Seats
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
Ninth Circuit Rules Against Trump's Diversion of Military Construction Funds to Build his Border Wall
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.
Be Patient: We Might Not Know Who Won the Election Right Away
Mail-in ballots typically take days or sometimes weeks to be counted, so don't expect results on Election Night this year.
COVID-19 Demonstrates the Need To Change Nuclear Weapon Launch Authority
Giving one man control of all nuclear weapons is a mistake.
Michigan Supreme Court Strikes Down Gov. Gretchen Whitmer's COVID-19 Executive Orders
Whitmer helped spark a national debate over the limits of executive power.
Federal Court Rules Against Trump's Work Visa Ban
The court concludes that the ban is illegal in large part because the broad authority claimed by the president violates the nondelegation doctrine.
What Happens if Trump Becomes too Incapacitated to Serve, Drops Out of the Election, or Both?
Some possible answers to these questions from leading experts on the subject.
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.
Rand Paul, Tulsi Gabbard, Thomas Massie, Ron Wyden Join Forces To Unplug the President's 'Internet Kill Switch'
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.
John Yoo: The Man Who Would Make the President King
The Trump presidency has been a stress test for maximalist theories of presidential power.
Biden and Trump Now Agree: The President Has No Authority To Impose a Nationwide Mask Mandate
If only that signaled a broader respect for legal limits on executive power.
Trump Administration Formally Bans TikTok, WeChat Apps From Online Stores in U.S.
There’s nothing good about censoring communication platforms citizens want to use.
USA Today Op ed Making the Case for Abolishing the Constitutional Requirement that the President Must be a "Natural Born" Citizen
I coauthored it with Harvard Law School Professor Randall Kennedy.
The Messy TikTok Sale Is What Happens When Governments Get Involved in Social Media
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
Court Thwarts Trump's Attempt To Exclude Undocumented Immigrants From Census
Plus: Raleigh cop uses fake evidence in drug cases, caution on CDC study linking restaurants to COVID-19 cases, and more...
Massachusetts Abandons Its Puzzling Public Health Distinction Between Casinos and Video Arcades
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
More Ideas that Can Help Repair and Extend the Rule of Law
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
Thoughts on Trump's Potential Plan to Cut Federal Grants to "Anarchist Jurisdictions"
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.
Pat Toomey on CDC Eviction Moratorium: 'The Legal Authority Is a Real Stretch'
The Trump administration's new nationwide eviction moratorium provokes a backlash from some congressional Republicans.
