The Attorney General Defends Civil Liberties Against Overreaching COVID-19 Control Measures
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
Executive Power
Trump Tweet-Threatens To Close the Borders (Which Would Just Destroy the Economy Even More)
Plus: New York legalizes Zoom weddings, federal labeling laws exacerbate grocery store shortages, and more...
Can Trump Order Congress Home and Unilaterally Fill Vacancies Via the Recess Appointment Power?
The president contemplates a sweeping exercise of executive authority.
People, Not Politicians, Will Decide When the Coronavirus Shutdown Ends
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.
Trump Can Encourage States to Lift Their COVID-19 Lockdowns, but He Can't Decree That Outcome
The president has a history of asserting powers he does not actually have.
Trump Claims He Has 'Total' Authority Over When States End Social Distancing Rules. He's Wrong.
Plus: Americans plan to stay home for months, courts block more abortion bans, Amash "looking closely" at presidential run, and more...
Trump Has Secret Emergency Powers?
"Presidential emergency action documents” concocted under prior administrations purport to give him such authority, according to a New York Times op-ed.
Coronavirus Gives the Illiberal Right Fever Dreams of Power
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.
New Jersey Allows, Then Blocks, Deliveries From Breweries and Distilleries
Takeout and delivery orders are the only thing keeping the state's 115 craft breweries afloat during the coronavirus outbreak.
Gorsuch Throws Shade at Trump Administration for Rewriting Federal Gun Laws Without Congressional Approval
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
The National Interest, C'est Moi
This inability to agree on the nature of the national interest is endemic not just to the new nationalism, but to all of politics.
If Bloomberg's Arrogance Worries You, His Weaselly Positions on Presidential Power Won't Reassure You
The presidential candidate reserves the right to wage unauthorized wars, kill Americans in foreign countries, prosecute journalists, and selectively flout the law.
The Looming Supreme Court Showdown Over Sanctuary Cities
The legal battle over immigration, federalism, and executive power heats up.
Would a Presidential Pardon for Roger Stone Be Unconstitutional?
The argument requires several controversial assumptions and leaps of logic.
On the Money: Presidential Portraiture and Power in D.C.
Kehinde Wiley's pre-presidential works criticized inequalities and hierarchies of power. His presidential portrait doesn't do the same.
Trump's Continuing Commentary on Criminal Cases Reflects His Disdain for the Rule of Law
The president remains frankly puzzled by the distinction between can and should.
A Nondelegation Challenge to Trump's Travel Bans [updated to include some additional material]
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.
Even Without Trump's Tweets, the Attorney General's Intervention on Roger Stone's Behalf Would Have Looked Bad
If Barr is so concerned about the appearance of integrity, why did he insert himself into a high-profile case involving a presidential pal?
Michael Bloomberg and the Imperious Presidency
Until we start denuding the Oval Office, we will continue getting the royals we deserve.
Instead of Removing Trump From Power, Remove Power From the Presidency
After Watergate, Democrats rolled back executive power. Under Trump, they just want to be the ones who get to wield it.
Michael Bloomberg and the Imperious Presidency
Until we start denuding the Oval Office, we will continue getting the royals we deserve.
Good and Bad Reasons for Acquitting Trump
Republicans should think twice before endorsing the dangerous myth that impeachment requires a criminal violation.
Trump's Expanded Travel Ban Compounds the Wrongs of Previous Versions
The courts may not strike it down. But it remains both illegal and deeply unjust.
The Ultimate Impact of Trump's Impeachment Remains to be Seen
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.
The Real Problem With Alan Dershowitz's Position on Quid Pro Quos and Impeachment
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.
In Trump Subpoena Fight, the Supreme Court Weighs Executive vs. Congressional Power
A major constitutional clash is unfolding at SCOTUS.
Republican Senators Say the Truth Is Irrelevant in Evaluating the Gravity of Trump's Misconduct
Republicans are setting a dangerous precedent they may come to regret the next time a Democrat occupies the White House.
Trump's Failed Impeachment Is Still Worth It
It at least sends a message against future abuses of executive power.
Did Trump Just Admit To Withholding Material From the Impeachment Process?
As Rep. Justin Amash notes, the second article of impeachment charges the president with obstructing Congress by refusing to provide documents and testimony.
Is Impeaching Some "Normal" Politicians too High a Price to Pay for Getting Rid of Presidents who Abuse their Power? - A Rejoinder to Josh Blackman
Josh Blackman argues that the tradeoff isn't worth it. Here's why I disagree.
Congress Passed a New North American Trade Pact but Failed To Limit Trump's Tariff Powers
Republicans might rue that mistake when Elizabeth Warren or Bernie Sanders inherits Trump's beefed-up trade authority.
Was Trump's Sin Acting "Like a Politician"?
A response to Josh Blackman's New York Times op-ed on the case against Trump (with updates)
War Worries Transcend Trump
Even the president’s buddies understand the threat posed by the unconstrained use of military force.
No War With Iran, House Tells Trump. Next Up: Finally Forbidding Military Force in Iraq?
Plus: Tarriffs are killing U.S. wine, Vermont bill would ban cell phones for kids, and more...
More Impeachments! Dumping Bad Presidents Should Be No Big Deal
"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.
Don't Freak Out About Impeachment
Americans can lose their jobs for almost anything. Why are we so hesitant to give presidents the boot?
Dems Promise To Close Gitmo. Again.
Democratic presidential candidates sparred over how they'd close one of the worst excesses of the war on terror.
Trump Is Getting Impeached Today. Should His Complaints About the Process Be Taken Seriously?
Many of the president's beefs are frivolous, but he is right that impeachment has been rushed.
Trump Abused His Power, but a Hasty Impeachment Will Undermine That Point
The gaps in the record invite the public to dismiss impeachment as a purely partisan exercise.
Trump's Congressional Defenders Deny Reality
While the president’s motives in seeking Ukrainian investigations are a matter of dispute, his actions are clear from the public record.
Impeachment and the Spending Power Revisited
In assessing impeachment, we should keep in mind Trump's usurpation of Congress' power over federal spending. This is a serious violation of the Constitution, and focusing on it overcomes some standard objections to impeachment.
Michael Bloomberg and the Imperious Presidency
Rules are for the little people, not the eighth richest man on the planet.
Republicans Are Learning to Love Unconstrained Executive Power
Just like their counterparts in the Democratic Party do!
The Evidence That Trump Abused His Powers Is Clear and Convincing
The allegations against Trump are more serious than the offenses that led to Bill Clinton's impeachment because they relate directly to his duties as president.
Democrats Are Conjuring Up New 'Rights'
Faced with a president they find repulsive to the core and with unfunded future payment obligations in the many trillions, Democrats think now is the time to really unleash Washington.
Why DACA Is Legal
The Trump administration's justification for rescinding DACA relies heavily on the claim that the program is illegal. But it's not.
