Trump's Shameful Pardons for War Criminals Undermine America's Moral Authority
Pentagon brass, who urged the president not to issue these orders, fear that the president's actions will undermine the system of military justice.
Executive Branch
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.
Trump's Audacious Immunity Claim
His desperate attempt to stop a grand jury from seeing his tax returns invokes kingly powers that would put the president above the law.
Impeachment Is Both the Cause and the Effect of a Too-Powerful Presidency
If, at the end of all this, President Mike Pence sits behind the Resolute desk in the Oval Office, what has been accomplished?
Federal Court Rules Trump Cannot Use "Emergency" Declaration to Divert Funds to Build his Border Wall
The decision is the first to address the legality of using the emergency declaration for this purpose. Previous wall cases involved Trump's attempts to redirect other funds.
The White House Counsel Is Making Political Arguments, Not Legal Ones
In making the case against the House impeachment inquiry, the White House counsel relies upon a repudiated district court opinion that doesn't even support its argument.
Trump's New Executive Orders To Restrain the Administrative State
Federal agencies evade the rulemaking process, yet still levy fines, revoke permits, and seize property via “guidance.” Trump’s orders may put a stop to this practice.
New Statement from Checks and Balances on President Trump's Abuse of Office
"We believe the acts revealed publicly over the past several weeks are fundamentally incompatible with the president’s oath of office, his duties as commander in chief, and his constitutional obligation to 'take care that the laws be faithfully executed.'"
Vox Symposium on The President's Refusal to Cooperate with the House Impeachment Inquiry
Thirteen legal scholars weigh in, including the VC's Keith Whittington and myself.
Trump, Not the Whistleblower, Has Acted Illegally
The president's threats might prevent future whistleblowers from coming forward to expose executive abuse.
Who's Right on Impeachment: Rand Paul, Justin Amash, or Jeff Flake?
Libertarian-leaning legislators have markedly different ideas about the I-word. What say the Reason editors?
Shareholders Challenging FHFA's Constitutionality Want Supreme Court to Hear Their Case -- Even Though They Won
Fannie Mae and Freddie Mac shareholders convinced the Fifth Circuit to declare the Federal Housing Finance Agency's structure unconstitutional, but they're seeking Supreme Court review nonetheless.
John Yoo Warns That Impeachment Would Undermine Presidential Power. That's the Point.
While there may be sound political reasons to let voters decide Trump's fate, there are sound constitutional reasons to clarify the limits of his authority.
Trump, Ukraine, and Congress's Power of the Purse
If Trump threatened to withhold aid funds in order to pressure Ukraine into investigating Joe Biden and his son, he undermined Congress' power of the purse. It's an important aspect of the Ukraine scandal that has so far been largely ignored.
Nancy Pelosi Announces Trump Impeachment Inquiry Over Ukraine Scandal
The decision comes amidst allegations that President Trump pressured Ukraine into performing opposition research on Joe Biden.
Abolish the President's Virtually Unconstrained Power to Impose Tariffs
As Trump's trade wars demonstrate, giving the president unilateral authority to impose tariffs is both dangerous and unconstitutional. Getting rid of it is likely to require a combination of litigation and political mobilization.
Trump's Bizarre Meeting With Corey Lewandowski Suggests a Consciousness of Guilt
Again and again, the president tried to interfere with the Mueller investigation in a roundabout way.
E-Cigarette Restrictions Raise a Question: Can Governors Unilaterally Ban Products They Don't Like?
Pending restrictions on vaping products in Michigan and New York are based on an alarmingly broad understanding of the executive branch's "public health" authority.
Kamala Harris Does Not Understand Why the Constitution Should Get in the Way of Her Gun Control Agenda
The presidential contender conspicuously fails to explain the legal basis for her plan to impose new restrictions by executive fiat.
There's Only 1 Democrat Talking About the Constitution, and It's (Shudder) Joe Biden
The Democratic presidential field is not interested in your puny restraints on the executive branch.
Teaching Trump
Hopefully the White House can refrain from creating any new constitutional conundrums for a semester.
Here Is What the 2020 Candidates Say About the President's Power to Wage War Without Congressional Approval
The strongest critics of unilateral decisions to attack other countries include Tulsi Gabbard and Bernie Sanders, while Joe Biden thinks anything goes.
Congress Must Roll Back Trump's Tariff Authority
Sen. Chuck Grassley and the Senate Finance Committee will debate two bills this fall aimed at restricting presidential authority to impose tariffs without congressional approval.
The Price of an Erratic President
Even if Trump doesn’t follow through on his bad ideas, the uncertainty is still a drag.
Aaron Sandusky Has Spent 7 Years in Prison for Selling Medical Marijuana
Obama denied him clemency. Will Trump set him free?
Trump Mulls Commutation for Disgraced Former Illinois Gov. Rod Blagojevich
While the president's mercy might be self-serving, it's not necessarily wrong.
Biden to America: Massive Amounts of Executive Power Is Just Fine So Long as Trump Isn't President
In a testy exchange about immigration, the former vice president argued that Trump alone was the problem.
Gorsuch and Kagan Clash Over Judicial Deference to the Administrative State
“It should have been easy for the Court to say goodbye to Auer.”
Appeals Court Rules Against Trump in Border Wall Case
The ruling upholds a trial court decision holding that the president cannot divert military funds to builds his proposed border wall.
Kamala Harris and Donald Trump Unite to Defend the Imperial Presidency
The senator and the president she wants to unseat are determined to have their way, regardless of what the law says.
Federal Court Rules Against Trump in Border Wall Cases
The decisions expand on the same judge's earlier preliminary ruling holding that the president cannot reallocate military funds to build his border wall.
Kamala Harris Can't Stop Promising To Do Things Via Executive Order
At the second Democratic debate, the presidential hopeful showed her affinity for executive action.
A Troubling Supreme Court Decision on Non-Delegation
Today's ruling in Gundy v. United States allows Congress to delegate to the executive broad power to create new criminal offenses. But there is hope the Court might reconsider Gundy in the future.
Activists Want a Problematic Mural of George Washington Destroyed. It Will Cost a High School $600,000.
The artist wanted students to learn about Washington's flaws. How traumatizing.
Is the Indian System Strong Enough to Survive Modi?
India, unlike America, lacks checks against the designs of a populist authoritarian.
The Treasury Department Is Entrenching Trump's Nonsense View of Trade Deficits
In a new report, the Treasury Department declares it will begin scrutinizing any nation that runs a bilateral trade imbalance of more than $40 billion with the United States
Senators Rand Paul and Ron Wyden Pitch New Limitations on Presidential Emergency Powers
The United States is currently operating under 32 different national emergencies. This proposal would require Congress approve those declarations within 72 hours, and again after 90 days.
Legal Scholars' Letter on Initiating a Congressional Lawsuit to End Illegal US Role in the Yemen War
A letter signed by a wide range of scholars with different political and jurisprudential views urges Congress to sue to end illegal US involvement in the Yemen conflict.
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
Federal Judge Dismisses House of Representatives Border Wall Lawsuit for Lack of Standing
The decision does not reach the merits of President Trump's attempt to divert military funds to build his border wall.
Libertarians Forged an Alliance With Brazilian President Jair Bolsonaro. Was It a Deal With the Devil?
Free market reformers and authoritarian nationalists battle it out to reshape Brazil.
Vox Symposium on Whether a Sitting President Can be Indicted and Prosecuted for a Crime
The symposium includes contributions by 16 legal commentators, including VC bloggers Keith Whittington and myself.
Federal Court Rules Trump Cannot Use Defense Funds to Build Border Wall
The first court decision on Trump's plan to reallocate federal funds to "build the wall" goes against the administration.
New York Legislators Approve Double Jeopardy for Trump Cronies to Protect 'the Rule of Law'
The bill allows dual prosecutions of people in the president's orbit who receive pardons or commutations.
