Executive Branch
Biden's Preemptive Pardons Undermine Official Accountability and the Rule of Law
His last-minute acts of clemency invite Trump and future presidents to shield their underlings from the consequences of committing crimes in office.
Trump's Illegal First-Day Executive Actions
Several of his announced actions are likely to be illegal, especially some related to immigration.
Do You Feel Equal Yet?
Plus: Fauci preemptively pardoned, hostages released, Inauguration Day, and more...
Biden Attempts To Ratify the Equal Rights Amendment by Blog Post
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
Regulation, Prohibition, and Litigation: Joe Biden's Busy Lame-Duck Period
Why should an unpopular president shape so much policy on his way out?
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
We Could Use a Man Like Grover Cleveland Again
The last president to serve two non-consecutive terms stood against imperialism. Donald Trump could learn from his example.
Review: The Radicals Who Tried To Kill Gerald Ford
The Rip Current podcast is a good reminder that political division and even violence are not new in America.
Rights and Wrongs of Chief Justice Roberts' Year-End Report on the Judiciary
Roberts identifies genuine problems, but little in the way of good solutions. He also sometimes overlooks ways in which the Supreme Court is partly responsible for the challenges the judiciary faces.
Helen Prejean: Why This Nun Is Fighting To End the Death Penalty
Billy Binion speaks to Sister Helen Prejean about her activism to end the death penalty, as depicted in her book Dead Man Walking.
Final Farewells
Plus: What Biden regrets, Trump supports visas for skilled workers (or does he?), a major Amtrak screwup, and more...
RIP Jimmy Carter, the 'Passionless' President
The libertarian case for the late Jimmy Carter.
Biden Commutes Nearly All Federal Death Penalty Sentences
Biden preserved the death sentences of three mass murderers but commuted the sentences of 37 other federal death row inmates to life in prison.
A Decaying Joe Biden Underlines the Need for a Less Powerful Presidency
The power of the office is excessive, and we don’t even know who is wielding it.
Trump's January 6 Pardons Could Address Some Real Injustices
The president-elect makes valid points in highlighting potential abuses of prosecutorial power.
Biden's Messy Mercy
Plus: A listener asks the editors to consider the tradeoffs of involuntary commitments to mental institutions.
Was the Supreme Court Wrong About Presidential Immunity?
Glenn Greenwald and Elizabeth Price Foley debate Trump v. United States and its implications for presidential powers.
Biden Shouldn't Have Commuted the Sentence of a Judge in the 'Kids for Cash' Kickback Scandal
But that shouldn't detract from the many worthy people who received commutations after spending years on home confinement.
Biden Issues More Pardons and Commutations Under Pressure From Criminal Justice Groups
Biden commuted the sentences of roughly 1,500 federal offenders who had been serving the remainder of their sentences on home confinement after being released from prison during COVID-19.
Biden Faces Mounting Pressure To Clear Federal Death Row and Issue More Commutations After Pardoning His Son
Civil rights groups, law enforcement officials, and religious leaders say Biden needs to use his pardon power to fulfill his campaign promises, not just help his son.
When Deciding Whether To Investigate His Opponents, Trump Says, He Will Defer to 'Very Fair' Kash Patel
Trump's pick to run the FBI has a long list of enemies he plans to "come after," with the legal details to be determined later.
The Meese Revolution: The Making of a Constitutional Moment (2024)
by Steven Gow Calabresi and Gary Lawson.
Five Executive Orders To Unleash Markets in Space
Simple policy changes can unleash innovation, remove barriers, and secure U.S. dominance in the final frontier.
Trump vs. Cleveland: A Tale of Two Tariff Strategies
Grover Cleveland fought high tariffs as a “communism of pelf.” Trump embraces them as an economic cornerstone.
After Hunter's Pardon, Joe Biden Should Support De-Weaponizing Government Power
Maybe we can all agree that government officials shouldn’t target political enemies.
The President Still Has Time To Show His Mercy Extends Beyond His Own Son
The draconian penalties that Hunter Biden escaped affect many people whose fathers cannot save them.
Hunter Biden's Pardon Features Several Shades of Hypocrisy, Including the Gun Policy Implications
Joe Biden says his son did not deserve prison for violating firearm laws that the president vigorously defends and has made more severe.
Biden's Final Insult to Our Intelligence
Plus: A listener asks the editors about the libertarian position on doctor-assisted suicide.
Joe Biden Rarely Issues Pardons but Made an Exception for His Son
Biden continues a modern trend of presidents who are stingy with the pardon pen.
Joe Pardons Hunter
Plus: Media figures and politicians react to the news, Donald Trump appoints Kash Patel to head the FBI, and more...
Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
Return of the 'Tariff Man'
Plus: Are tariffs inflationary, RIP to a giant of the free market movement, and more...
Will Trump's Labor Secretary Pick Be a Big Win for Public Sector Unions?
Rep. Lori Chavez-DeRemer has backed bills to abolish right-to-work laws and overturn state-level reforms that limit the power of public sector unions.
The Last Chance To Curtail Trump's Tariff Powers?
Sen. Rand Paul's bill to require congressional consent for tariffs is getting new attention in the final weeks before Trump's return to power.
Abolish the Commerce Department
Donald Trump has tabbed Howard Lutnick to be the next secretary of the Department of Commerce. He should also be the last.
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan
Berry explains why the plan is flawed on legal and other grounds.
Want To Lower the Political Temperature? Make the Presidency Less Important
Congress needs to reassert its powers and bring the imperial presidency back down to earth.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
Trump Has Many Grudges. Now He Has a Chance To Act on Them.
In his second term, the former and future president will have more freedom to follow his worst instincts.
Trump Is Not Thoughtful Enough To Be a Fascist
The Republican presidential candidate’s views do not reflect any unifying principle other than self-interest.
More on "Invasion," the Alien Enemies Act, and the Political Question Doctrine
Legal scholar Michael Ramsey points out another way courts could reject Trump's plan to use the act as a tool for peacetime mass deportation.
