Why No Congress Day, Judiciary Day, or Separation of Powers Day?
My 2015 critique of Presidents Day is, if anything, even more relevant four years later.
Executive Branch
Vox Symposium on the Legality of Trump's Plan to Use Emergency Powers to Build the Wall
A variety of legal experts weigh in on the subject, including me. Most conclude Trump may have the authority to declare an emergency, but not to spend funds and seize property for the wall.
In a State of Emergency, the President Can Control Your Phone, Your TV, and Even Your Light Switches
Under a little-known regulation that dates back to the 1930s, the president has legal power over electronic transmissions.
Trump's Emergency Action on the Border Wall Stinks All the Way Down
There is no good justification for what the president is doing. Republicans and conservatives need to call him out on it.
How to Go From Government Shutdown to National Emergency in Just Two Weeks: Reason Roundup
Plus: Congress forgets to fund the First Step Act, The New York Times chastises smug politicians over Amazon, and what if the U.S. were 100 city-states?
The Perils of Trying to Use Emergency Powers to Build Trump's Wall
A summary of the reasons why Trump lacks the power to use emergency powers to build his border wall, and why it would cause great harm and set a dangerous precedent if he did. Other than that, it's a great idea!
After State of the Union, Republicans Face a Crucial Choice on Trade
There are dueling bills in front of Congress, both backed by Republicans. One would expand Trump's tariff authority, while the other would check it.
Rep. Justin Amash Highlights 'Two Outstanding Lines' From Trump's SOTU
But Amash's reaction wasn't all positive.
No Evidence to Back Trump's SOTU Sex-Trafficking Claims: Reason Roundup
Plus: New York's CBD-foods crackdown, Laura Loomer gets booted from PayPayl, and more hits from last night's speech.
Trump Said He Wants Legal Immigrants To Come 'In the Largest Numbers Ever.' Really?
He was off script, and he probably hasn't checked with his ultra-restrictionist White House aide Stephen Miller.
The State of the Union Is Rockets, Socialism, Alliteration, and Nazis: Podcast
"The agenda I will lay out this evening is not a Republican Agenda or a Democrat Agenda. It is the agenda of the American People."
The Rhetorical and Substantive Limits of Trump's American Greatness
The president talks a good game about driving into the future, but his eyes are glued to the rear-view mirror.
What Was Missing From Trump's State of the Union? America's $1 Trillion Deficit
Or the $22 trillion (and counting) national debt. Or the entitlement programs that will continue adding to them.
Rebuilding America's 'Crumbling Infrastructure' Gets Half-Hearted Shoutout in Trump's State of the Union Address
The president proposed a $1.5 trillion infrastructure plan in his previous State of the Union address.
Watch Bernie Sanders' Red, Frowning Face as Trump Slams Socialism During SOTU
Sanders is an avowed democratic socialist.
Trump Says in State of the Union He Wants to Wipe Out AIDS. Should We Be Skeptical?
Ending the spread of HIV is within our reach, but the administration's approach to opioid abuse is a problem.
Trump's 'Right To Try' Law Has Helped at Least Two People So Far. Give Credit Where It's Due.
But there's a long way to go before patients have control over their own medical care.
Trump Recognizes 2 Formerly Incarcerated People in State of the Union Speech
"America is a Nation that believes in redemption."
Trump Denounces 'Endless War,' Teases Aggressive Stance on Venezuela in SOTU Address
The president's speech was a mixed bag on foreign policy.
Kamala Harris Blasts Trump for 'Cutting Red Tape' in SOTU Prebuttal
But she provided very little evidence to back up her claims.
Here's the Cocktail You Should Drink During Trump's State of the Union Tonight
The Last Word is what every politician wants. It's better in boozy form.
The Libertarian Party State of the Union: 'Americans deserve better' than 'Republicans and Democrats careen[ing] toward socialism and fascism'
Riverside County Supervisor Jeff Hewitt delivers the L.P.'s prebuttal to tonight's SOTU, while the L.A. Times asks whether Hewitt can "make a fringe party mainstream."
Some Democrats Are Mad at Bernie Sanders for Daring to Give SOTU Rebuttal—After Stacey Abrams Gives Hers
"Why is he talking over the black woman our party chose to speak for us?"
Trump's State of the Union Will Probably Be About a Border Wall That 60% of Americans Say They Don't Want
The president has devoted himself to a pointless, self-defeating project.
The Ongoing Gratuitous Cruelty of Trump's Travel Ban
The way the travel ban policy has been implemented both before and after the Supreme Court's decision further underscores the magnitude of the Justices' mistake.
Who's Afraid of Howard Schultz? Just About Everyone, and They're Right To Be
The former Starbucks CEO is getting dragged by liberals and progressives because he is talking about debt and spending in ways they don't like.
My USA Today Op Ed on Using Emergency Powers to Build Trump's Wall
The op ed explains why this option is not legal - and why it would set a dangerous precedent if the president succeeded in doing it.
What Bill Clinton Can Teach Donald Trump About Surviving Endless Scandal
The former president radically flipped the conventional wisdom about dealing with political enemies, legal issues, and impeachment.
Pelosi Moves to Cancel Trump's State of the Union Speech. Good Riddance.
The shutdown may force the government to cancel the State of the Union.
70 Years After They Were Wrongly Imprisoned, the Groveland Four Have Been Pardoned
The criminal justice system failed four black men after a white woman accused them of rape.
Some Conservatives Recognize the Risks of Using Emergency Powers to Build Trump's Wall
They correctly warn it would set a dangerous precedent that could be abused by future presidents, including liberal Democrats.
Trump's National Emergency Is an American Obscenity
Republicans embrace presidential authoritarianism, continuing a foul bipartisan tradition of legislating immigration through the executive branch.
My Op ed on Trump, Emergency Powers, and the Wall
The op ed was published yesterday in the New York Daily News, but may be even more relevant today.
Surprise! Looks Like Elizabeth Warren Is Running for President!
She's the highest-profile candidate to jump in.
Gorsuch Challenges Blank Check for the U.S. Attorney General
A case to watch for both criminal justice reformers and for critics of executive overreach.
Trump's Bump Stock Ban Shows Once Again He Is Happy to Ignore Inconvenient Laws
The administration usurps Congress by redefining machine guns.
Did I Really Once Think That George H.W. Bush Was the Worst President of My Lifetime?
A presidential derangement syndrome for all seasons
Trump's Illegal Anti-Asylum Presidential Proclamation
He has manufactured a fake border crisis to justify an illicit power grab.
Rep. Justin Amash Slams Trump's Birthright Citizenship Threat: POTUS Can't 'Amend Constitution' With Executive Order
At least one Republican congressman agrees.
Trump's 60 Minutes Interview Further Demystifies the Presidency
From the moment he started his improbable run for higher office, Donald Trump has stripped bare all pretensions that politics is about more than "winning."
Why the Executive Branch Shouldn't Legislate
Progressives appreciate the separation of powers-up to a point.
Gorsuch and Sotomayor Fault Congress for Giving 'a Blank Check to the Attorney General'
SCOTUS weighs congressional power, criminal law, and the non-delegation doctrine in Gundy v. U.S.
Kavanaugh's Testimony on Executive Power [Updated with Material from the Afternoon Session]
No great surprises so far. But some notable points nonetheless.
Washington Post Symposium on Brett Kavanaugh's Jurisprudence
The Post has a symposium in which a a variety of legal commentators (myself included) discuss what they consider to be Judge Kavanaugh's most important opinions.
Kavanaugh on the Nixon Tapes Case
In 1999, Judge Kavanaugh suggested that the Supreme Court case that forced Nixon to turn over the Watergate tapes may have been wrongly decided. But it's not entirely clear what he now thinks about the issue.
