The Supreme Court rejected Donald Trump's claims of immunity, but reaffirmed limits on investigatory powers, and ruled in favor of Native American tribal claims against Oklahoma.
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
The article explains why these policies, which made made America more closed to immigration than at any previous time in history, are both harmful and a dangerous executive power grab.
In it I explain how to reform a federal law the Supreme Court has interpreted as giving the president nearly unlimited power to ban migrants from entering the United States.
It's great that Gov. Gavin Newsom is finally looking at costs and benefits. But don't kid yourself. None of it has anything to do with "science."
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
There is a difference between reporting facts that make the president uncomfortable and manufacturing facts to fit a preconceived view of him.
There was a potentially pivotal exchange in today's Supreme Court oral argument over the House subpoenas seeking the President's financial records.
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
Why does it matter is a federal agency is independent of Presidential control? Ask the Department of Defense.
In an interview, the freshly-minted presidential candidate talks abortion, the "spoiler" charge, and Joe Biden's flip-flopping, while insisting that 2020 is a "winnable race."
Plus: Justin Amash seeking L.P. nomination, pandemic hasn't halted FDA war on vaping, and more
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
Plus: New York legalizes Zoom weddings, federal labeling laws exacerbate grocery store shortages, and more...
The president contemplates a sweeping exercise of executive authority.
It's not the politicians who have the power to reopen America, or at least the parts that are now closed. It's individuals, families, businesses, and religious congregations.
The president has a history of asserting powers he does not actually have.
Plus: Americans plan to stay home for months, courts block more abortion bans, Amash "looking closely" at presidential run, and more...
"Presidential emergency action documents” concocted under prior administrations purport to give him such authority, according to a New York Times op-ed.
Hungary's Viktor Orbán consolidates power, Harvard's Adrian Vermeule fantasizes about wielding it, and many of those who oppose authoritarian conservativism beg Donald Trump to close the country down.
Takeout and delivery orders are the only thing keeping the state's 115 craft breweries afloat during the coronavirus outbreak.
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
This inability to agree on the nature of the national interest is endemic not just to the new nationalism, but to all of politics.
The presidential candidate reserves the right to wage unauthorized wars, kill Americans in foreign countries, prosecute journalists, and selectively flout the law.
The legal battle over immigration, federalism, and executive power heats up.
The argument requires several controversial assumptions and leaps of logic.
Kehinde Wiley's pre-presidential works criticized inequalities and hierarchies of power. His presidential portrait doesn't do the same.
The president remains frankly puzzled by the distinction between can and should.
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
If Barr is so concerned about the appearance of integrity, why did he insert himself into a high-profile case involving a presidential pal?
Until we start denuding the Oval Office, we will continue getting the royals we deserve.
After Watergate, Democrats rolled back executive power. Under Trump, they just want to be the ones who get to wield it.
Until we start denuding the Oval Office, we will continue getting the royals we deserve.
Republicans should think twice before endorsing the dangerous myth that impeachment requires a criminal violation.
The courts may not strike it down. But it remains both illegal and deeply unjust.
While Trump will almost certainly be acquitted within the next few days, impeachment might still damage him politically. And the long-term impact of this process will likely take a long time to unfold.
Trump's lawyer did not say a president "can do anything" to get re-elected, but he did say that goal cannot count as a corrupt motive.
A major constitutional clash is unfolding at SCOTUS.
Republicans are setting a dangerous precedent they may come to regret the next time a Democrat occupies the White House.
It at least sends a message against future abuses of executive power.
As Rep. Justin Amash notes, the second article of impeachment charges the president with obstructing Congress by refusing to provide documents and testimony.
Josh Blackman argues that the tradeoff isn't worth it. Here's why I disagree.
Republicans might rue that mistake when Elizabeth Warren or Bernie Sanders inherits Trump's beefed-up trade authority.
A response to Josh Blackman's New York Times op-ed on the case against Trump (with updates)
Even the president’s buddies understand the threat posed by the unconstrained use of military force.
Plus: Tarriffs are killing U.S. wine, Vermont bill would ban cell phones for kids, and more...
"Somehow we've decided that the one job in America that gets the most job protection is the one where you actually get nuclear weapons," says the Cato Institute's Gene Healy.
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