Executive Branch
This Foreign Policy Precedent Might Aid Trump's Tariffs at SCOTUS
For the justices, the question is just how much deference the president deserves.
Is Trump a Socialist?
Donald Trump’s new stock-buying strategy isn’t socialism, but it is a step toward a government-controlled economy.
Justices Don't Buy Tariff Argument
Plus: Outrage at Heritage, air traffic might get throttled, and more...
Trump's Economic Fallacies Are Legally Relevant in His Tariff Case
Trade deficits are not a "national emergency," and the president's import taxes won’t reduce them.
Dick Cheney, Vice President and Self-Described 'Darth Vader,' Was a Champion of the War State
The former vice president liked being compared to the supervillain as a joke. But he had seriously villainous effects on millions of people in real life.
Trump's Tariffs and John Roberts' Credibility
Learning Resources v. Trump will test both executive power and judicial fidelity.
Illinois Is Taking the Feds to Court Over 'Trump's Invasion' of Chicago
"The Trump Administration's Department of War gave me an ultimatum: call up your troops, or we will," Gov. J.B. Pritzker said.
Trump's Tariff Tantrum Proves He Shouldn't Have That Power
The Supreme Court is set to hear arguments in November on whether Trump's use of tariffs is constitutional.
The Government Shutdown Isn't Stopping Trump From Amassing 'Emergency' Powers
As of mid-2025, there were roughly 50 simultaneous national emergencies in force.
Trump Dares Congress To Take Its War Powers Seriously in Venezuela
The president bet that no one would stop him from land attacks in Venezuela. And Congress hasn’t given him any reason to think otherwise.
Merkley's Marathon Address Decried Trump's 'Authoritarian Grip'—But Executive Overreach Didn't Start With Him
Trump’s presidency may have amplified executive power, but unless lawmakers roll back those powers—and the bloated government behind them—the next administration will do the same.
What the Japanese Internment Case Teaches About Judicial Deference to Presidential Power
Long-ago debates about executive authority are not as distant as they might initially seem.
9th Circuit Court Upholds Trump's Deployment of National Guard in Portland
The decision “erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights,” Judge Susan P. Graber warned in her dissent.
Trump Allegedly Misidentified a Colombian Fisherman as a Venezuelan 'Narcoterrorist'
The potential for deadly error underlines the lawlessness of the president’s bloodthirsty anti-drug strategy.
On National Guard Deployments, Trump Tells SCOTUS His Power Is 'Unreviewable'
Will the Supreme Court grant Trump the overwhelming judicial deference he demands?
Does Argentina's Bailout Prove Libertarians Wrong?
Plus: the “No Kings” protests, Trump pays troop salaries during government shutdown, and the continued bombing of drug boats in Venezuela
Coming Soon to the Supreme Court: Are Tariffs Taxes?
The correct answer is: Yes, even when they are also regulations. Whether the Court agrees could determine the future of presidential power.
Seventh Circuit Rules Against Trump's Use of National Guard in Chicago
The Court of Appeals unanimously refused to stay a trial court ruling against Trump, signaling the judges believe his use of the Guard is illegal.
Trump Erroneously Thinks Killing Suspected Smugglers Is the Key to Winning the Drug War
Until now, the president concedes, interdiction has been "totally ineffective." Blowing up drug boats won't change that reality.
US Chamber of Commerce Files Lawsuit Challenging Trump's $100,000 H-1B Visa Fee
This is the second lawsuit challenging the policy, which is both illegal and likely to cause great harm if allowed to stand.
The Federal Workforce Will Be a Little Smaller After the Government Shutdown Ends
We’ll take less government however we can get it.
Deference Due? Trump, the National Guard, and the Misuse of Martin v. Mott
A guest post by Joshua Braver and John Dehn.
Trump Won't Invoke the Insurrection Act—As Long As He Can Use the National Guard However He Wants
If the courts try to enforce legal limits on the president's military deployments, he can resort to an alarmingly broad statute that gives him more discretion.
Deploying Troops to American Cities Is an Assault on the Constitution
Federal troops are also ill-suited to handle local policing issues.
Trump Calls for Arrest of Chicago Mayor and Illinois Gov. Pritzker
As Illinois resists the federal immigration blitz, the Trump administration ups the ante on authoritarian rhetoric.
Republican Socialism: The Trump Administration Buys a Stake in Yet Another Company
The federal government can't even pass a budget. What's it doing buying a mine?
Alligator Alcatraz Was Built on Secrecy, Expansive Emergency Powers, and an Unprecedented State Power Grab
Shadowy deals and unilateral powers created Florida's notorious immigration detention camp.
Warrantless Searches, Tariffs, and the Unitary Executive: 3 SCOTUS Cases To Watch This Fall
In a new Supreme Court term packed with big cases, these disputes stand out.
Why a Trump Appointee Ruled That His National Guard Deployment in Portland Was Illegal
U.S. District Judge Karin Immergut concluded that the president's description of "War ravaged Portland" was "simply untethered to the facts."
Lawsuit Challenges Trump's $100,000 H-1B Visa Fee
The case was filed yesterday by a broad coalition of different groups, including a health care provider, education groups, religious organizations, and labor unions.
Defending the Summary Execution of Suspected Drug Smugglers, Trump Declares an 'Armed Conflict'
The president thinks he can transform murder into self-defense by executive fiat.
Trump's Planned Farm Bailout Should Require Congressional Approval
The Trump administration has already claimed the power to raise taxes without congressional approval. Now it is going to spend money that way too.
Fifth Circuit Will Rehear Alien Enemies Act Case En Banc
It will review a panel decision holding that Trump could not invoke this sweeping wartime authority by claiming illegal migration and drug smuggling qualify as an "invasion."
After 20 Years as Chief Justice, John Roberts Is Now Friend and Foe to Executive Power
Which version of the chief justice will emerge in the Supreme Court’s newest term?
Caleb Nelson's Originalist Critique of Unitary Executive Theory
The prominent originalist legal scholar argues the Constitution does not require that the president have the power to fire executive branch officials.
Deploying Federal Troops Is Not a Sustainable Solution to Crime in American Cities
Federal officers policing Washington, D.C., on Trump's orders appear to be driving crime down, but the plan is neither constitutionally sound nor viable in the long term.
Will a Shutdown Finally Shrink Government?
Plus: the Comey indictment, Trump deploys the National Guard to Portland, Eric Adams exits New York City's mayoral race, and a listener asks about cyclical theories of history
Trump's Executive Order Against 'Political Violence' Is an Un-American Attack on Free Speech
The order lists "anti-Americanism, anti-capitalism, and anti-Christianity" as common threads among "domestic terrorists," though all are protected by the First Amendment.
SCOTUS Is Now Poised To Overrule Humphrey's Executor, a 1935 Precedent Limiting Presidential Power
The Supreme Court will soon review the president’s authority to fire “independent” agency heads.
Kamala Harris Slams Trump for Pardoning 'the Fentanyl Dealer Ross Ulbricht'
In her new book, 107 Days, the former vice president reminds us that she is ever the prosecutor.
Brendan Carr Says Networks Must Serve the 'Public Interest.' What Does That Mean?
Congress placed the term in the law but chose not to define it, leaving that task for future regulators.
Trump's Latest Tariff Defense Asserts Uncheckable Executive Power
The president’s attempt to evade the major questions doctrine deserves to be rejected.
Trump's Harmful and Illegal Plan to Gut H-1B Visas by Imposing $100,000 Fees
The plan violates the relevant visa law. If allowed to stand, it would significantly harm productivity and innovation.
Trump's 'Firing' of Lisa Cook Is Headed for SCOTUS
Plus: Pam Bondi flunks free speech 101.
Trump Has a Habit of Asserting Broad, Unreviewable Authority
Whether he is waging the drug war, imposing tariffs, deporting alleged gang members, or fighting crime, the president thinks he can do "anything I want to do."
