Trump's Illegal, Impossible Plan to Teach Twitter a Lesson
Plus: unrest in Minneapolis, Twitter labels Trump tweet, and more...
Executive Branch
California's COVID-19 Shutdown Was Driven by Science. Until It Suddenly Wasn't.
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."
Trump's Threat to Withhold Federal Funds from States that Expand Voting By Mail Highlights Growing Menace to Federalism and Separation of Powers
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.
Trump Is Gutting the Inspector General System, and Most Republicans Don't Care
Congress created inspectors general to be watchdogs, but it's too weak-willed to protect those watchdogs from retaliation.
No, Jared Kushner Did Not Suggest That Trump Might Unilaterally Delay the Presidential Election
There is a difference between reporting facts that make the president uncomfortable and manufacturing facts to fit a preconceived view of him.
Is There Any Limit on the Congressional Subpoena Power?
There was a potentially pivotal exchange in today's Supreme Court oral argument over the House subpoenas seeking the President's financial records.
No, the Supreme Court's "Bridgegate" Decision Doesn't Vindicate Trump on Impeachment [Updated with Comment on Josh Blackman's Clarification of his Position]
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
Eisenhower's Military-Industrial Complex Speech in the Age of Coronavirus
The 1961 speech by President Dwight Eisenhower foreshadowed the current government's response to COVID-19.
DoD vs. FCC
Why does it matter is a federal agency is independent of Presidential control? Ask the Department of Defense.
Justin Amash Becomes the First Libertarian Member of Congress
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."
The Executive Order on Meat Processing Doesn't Compel Companies With Sick Workers to Stay Open
Plus: Justin Amash seeking L.P. nomination, pandemic hasn't halted FDA war on vaping, and more
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.
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.
H.L. Mencken on 'Numskull' Presidents, the Spanish Flu, and the Depression
Thought during an epidemic from a defender of freedom
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.
Elizabeth Warren Adopts Cory Booker's Plan for a Better Presidential Clemency System
Shifting the process from the Justice Department to the White House can help eliminate bureaucracy and meddling from prosecutors.
Would a Presidential Pardon for Roger Stone Be Unconstitutional?
The argument requires several controversial assumptions and leaps of logic.
Trump White House Considering Limiting Justice Department Influence Over Pardons
Criminal justice reformers say federal prosecutors torpedoed clemency petitions in worthy cases.
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.
Trump Uses Clemency To Help Drug War Victims, Reward GOP Donors, and Spite James Comey
Plus: China boots three reporters, megacities are getting a smaller share of growth than they used to, and Dems gather to debate in Las Vegas..
Imprisoned Leaker Reality Winner Seeks Mercy From Trump
She’s nearly three years into a five-year sentence for releasing classified documents showing Russian attempts to hack U.S. election systems.
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.
Trump Bashes Socialism While Endorsing a Status Quo Socialism of His Own
The president promised to protect Medicare and Social Security, America's biggest entitlement programs.
State of the Union: Trump Tells Tall Tales, Dems Walk Out
Plus: Iowa updates, Ancestry.com tells cops to buzz off, and more...
Good and Bad Reasons for Acquitting Trump
Republicans should think twice before endorsing the dangerous myth that impeachment requires a criminal violation.
Trump Admitted His Trade Policies Have Hurt Manufacturing Jobs in His State of the Union, but You Probably Missed It
American manufacturing has been in a recession for the past year.
Trump Is Making Criminal Justice Reform a Theme of his Campaign
But he'll have to do more than coast on a few commendable pardons if he wants to prove he's serious.
Trump Brags About Killing Terrorists While Promising He's Working Toward Peace at State of the Union Address
President Donald Trump's schizophrenic approach to foreign policy was on full display during his State of the Union address tonight.
Trump: 'No Parent Should Be Forced To Send Their Child to a Failing Government School'
In his State of the Union address, the president promised to give an opportunity scholarship to a specific child who needed one.
How 3 Past Presidents Dealt With Scandal During Their State of the Union Addresses
From Clinton's cockiness to Reagan's contrition to Nixon's defiance, three different models for Donald Trump
The State of Our Union Is…Drunk?
The Reason Roundtable podcast grapples with a news week so packed it makes Manhattan look like Kansas
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.
