A Roundup of My Volokh Conspiracy Posts on the Travel Ban
On the eve of the of Supreme Court oral argument in the travel ban case, here are links to some of my more notable VC posts on the subject.
Executive Branch
Trump Wages War Wherever and Whenever He Wants
The unauthorized attack on Syria shows Congress won't enforce limits on the president's military powers.
Originalism, Living Constitutionalism, and the Power to Initiate War
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.
Scooter Libby Aside, Presidential Pardons Are Good and Trump Should Issue Even More of Them
"I don't know Mr. Libby, but for years I have heard that he has been treated unfairly."
The Constitution and Trump's Next Strike Against Syria
A small-scale strike might be constitutional even without congressional support. But it is also likely to be useless, much like last year's missile strike turned out to be. Large-scale military action of the sort that could make a real difference, requires advance congressional authorization.
Constitutional Law Scholars' Amicus Brief in the Travel Ban 3.0 Case Explains Why the Bill of Rights Restricts Federal Power over Immigration
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
If Congress Reclaims Its War Powers, There Would Be Little Reason to Worry About John Bolton
Many people fear that John Bolton and Donald Trump might start an unnecessary war. But such fears would be unnecessary if Congress were to reclaims it power to initiate war.
Appeals Court Rules That Trump's Travel Ban 3.0 Is Unconstitutional
The US Court of Appeals for the Fourth Circuit concluded that the ban violates the First Amendment because it is intended to discriminate against Muslims.
Put 'Humanity First,' Demands 2020 Democratic Presidential Candidate Andrew Yang
No robots need apply.
Why Trump's Words Matter
Trump's awful rhetoric is a menace to liberty - even when it does not lead to any immediate action.
Don't Count on Institutions to Stop Trump
Our institutions are strong enough to restrain a president, but they're also strong enough to empower him.
College Students Trash Obama Quotes They Thought Were From Trump
Partisan politics is awful.
Farewell to Nicholas von Hoffman, the Newsman Who Got Fired for Comparing Nixon to a Dead Mouse
Friday A/V Club: Columnist, broadcaster, and critic of concentrated power
The Axis of Evil Is Back, and It's Never Going Away
U.S. presidents like to go looking for dragons to slay.
When It Comes to the Escalating War on Terror, Trump's SOTU Was Heavy on Bragging, Light on Details
The war will continue until further notice.
SOTU: Trump Promises Streamlined Regulations, More Private Investment in Infrastructure
The president's comments adhered pretty closely to past statements but offered little added detail.
What About the Debt? Trump's SOTU Ignores a $20 Trillion Time Bomb
If a Republican president can't address a Republican-controlled Congress without paying lip service to the idea of cutting spending, what good are Republicans?
State of the Union Wrap Up Video: Ask Us Anything
Katherine Mangu-Ward, Matt Welch, and Peter Suderman take your questions.
The Prejudicial Cynicism of Trump's SOTU Talk About MS-13
Conflating illegal immigration in general with criminal gangs is wrong, and will lead to bad, wasteful, damaging immigration policy.
Trump Promotes 'Right to Try' Experimental Treatments for Terminally Ill Patients in SOTU Address
A bill in Congress would follow the states and allow greater access.
Nope, Trump Doesn't Get Credit for Low Black Unemployment
Some of Trump's economic policies could be good for everyone, including African Americans. But those numbers aren't his doing.
Trump Says In SOTU That Administration Will Pursue Prison Reforms
"We will embark on reforming our prisons to help former inmates who have served their time get a second chance."
Trump and the End of the Imperial Presidency
If you look past the shouting and the narcissism, there are clear signs that Trump doesn't have as much power as we all want or fear.
What Can Richard Nixon—and Warren Harding!—Teach Us About Donald Trump's State of the Union Address?
Some surprising insights and historical curiosities from past presidents at their one-year marks
Congressman Calls on Capitol Police to Arrest 'Dreamers' at State of the Union
So it's come to this.
What Donald Trump Should Say About Immigration in Tonight's State of the Union
We can fantasize, can't we?
All the President's Human Props: Welders, Cops, Vets Will Be Trotted Out During SOTU
Donald Trump will continue the awful tradition of showcasing "Skutniks" at the State of the Union address.
'Worse Than Watergate' Is Worse Than Watergate
The rhetorical war over the Justice Department's Trump/Russia investigation is beating a dead metaphor.
Supreme Court Will Hear Case Challenging Trump's Travel Ban 3.0
The Court's decision to take the case is not surprising. It could potentially result in a very important decision addressing the scope of presidential power over immigration.
The Buck Stops Over There
In his first year, Donald Trump took presidential blame shifting to new heights.
Appeals Court Rules Against Trump's Travel Ban 3.0
The court concluded that the travel ban exceeds the scope of presidential authority and violates immigration laws enacted by Congress.
Bruce Ackerman on the Need to Rein in Unconstitutional Warmaking Before it is Too Late
A prominent constitutional law scholar highlights the perils of wars waged without congressional authorization - a practice engaged in by Obama and now perpetuated by Trump.
Is Donald Trump, of All Presidents, Devolving Power Back to the Legislative Branch?
Contrary to his reputation (and Twitter feed), the president has been selectively trimming executive power.
The NRA's Dangerous Alternative to a Bump Stock Ban
The ATF has no legal authority to restrict the controversial firearm accessory.
Corker Against World War III Now That Trump Is for It
Corker is a longtime defender of American intervention and war in the Middle East, and now wants to supply billions in weapons to the Saudis and Ukraine.
Rick & Morty Takes on the American Presidency
The hit cartoon depicts how out of control presidential power has gotten.
Trump's Latest Travel Ban Is Just As Legal but Not Much Smarter
The president did not need Venezuela and North Korea to make his order constitutional.
Congress Does Not Want Its War Power
A Senate vote shows that even Trump critics are happy to let the president use the military as he pleases.
How Alexander Hamilton Screwed Up America
The foreword to a new history of our controversial Founder written by Ron Paul.
It's Up to Congress to Save the Dreamers Donald Trump Just Threw Under the Bus
Scrapping DACA is a callous act that'll hurt the country.
Price Gougers Are Heroes! [Podcast]
Reason editors discuss Hurricane Harvey, the pardon of Joe Arpaio, Al Franken 2020, Antifa, and more.
Trump Launches a Suicidal War on His Own Party
Instead of striving to ingratiate himself with those who hold his fate in their hands, the president seems determined to antagonize them.
Trump's Travel Ban Is Legal but Dumb
Irrational, half-baked anti-terrorist policies are not necessarily unconstitutional.
