Congress Gave Away Its Authority To Declare War and Enabled Trump's Iran War
Congress hasn't voted to declare war since 1942, yet the legislative branch constantly refuses to rein in presidents.
Executive Branch
The Major Questions Doctrine Constrains Presidential Power Over Elections
It limits executive power grabs in this field, as well as others.
Trump Had 60 Days To End the Iran War. Instead, He's Just Pretending It's Over.
Legally, Trump must either cease operations or ask Congress for approval. He did neither, and Congress just went on recess.
Donald Trump's Deeply Disappointing Would-Be Assassin
Cole Tomas Allen's actions just don't make sense, even in his own words, or in a time of political polarization.
Rethinking Conservative Approaches to Executive Power
Conservative legal commentator Gregg Nunziata outlines reasons why conservatives should reject broad views of executive power.
No, FDR Did Not Pull America Out of the Great Depression
"The New Deal made investment in America a risky project," says economist Donald J. Boudreaux, author of The Triumph of Economic Freedom.
Don't Count on the 25th Amendment To Dethrone Donald Trump
Democrats can't muster the votes to impeach and remove Trump, or even to stop an illegal war. The 25th Amendment would be even more difficult.
Trump Signs Psychedelics Order
Plus: ship seizures, the best free bread in America, and more...
One Thing Every Modern President Has in Common: They All Spent More Than the Last Guy
The vibe shift that really matters—a reduction in the size, scope, and spending of government—hasn't happened, and America is worse off for it.
Trump Administration Presents Update on its Tariff Refund Plan
The plan is not completely terrible. But many importers may still have difficulty getting the refund money owed to them.
Thoughts on Today's Oral Argument in the Section 122 Tariff Cases
The outcome is unclear. But the judges seemed skeptical of the Trump Administration's claims that Section 122 grants them sweeping tariff powers.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Lindsey Graham Says the President Can Start a War, but Only Congress Can End It
The feeling is perfectly consistent: Graham feels it should be as easy as possible for the U.S. to start a war, and as hard as possible to end one.
Our Amicus Brief in the Section 122 Tariff Case
I submitted the brief on behalf of the Cato Institute and myself.
The Easiest Way to Resolve the Birthright Citizenship Case
The Administration's constitutional arguments are unconvincing, but rejecting them is not necessary to decide United States v. Barbara
With His Grandiose White House Ballroom Plan, Trump Again Asserts the Power To Do As He Pleases
"No statute comes close to giving the President the authority he claims to have," U.S. District Judge Richard Leon concluded when he enjoined the project.
Trump's College Sports Executive Order Adds Chaos to an Already Wild Legal War
Plus: Fox and Sinclair go crying to the FCC over sports streaming, and the Masters ticket lottery makes it too hard to get in
Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet
Both Donald Trump and Joe Biden asked the Supreme Court to abolish nationwide injunctions, which allow federal judges to stop a federal policy from going into effect.
Trump Realized He Can Just Do Things. Who Can Stop Him?
There are far too few checks left on executive power.
Review: Church Committee Report on Illegal Spying Is Relevant Again in the Trump Era
A new book revisits this 50-year-old Watergate report as President Donald Trump pursues his own politically motivated investigations.
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
A Year After 'Liberation Day,' Trump's Tariffs Will Never Be Legitimate Without a Vote in Congress
The Trump administration keeps trying to find legal loopholes, but the will of the people is the final judge of any major policy.
Trump's Mercurial, Constantly Changing Import Taxes Took American Businesses on a Wild Ride
There was little rhyme or reason to the president's "emergency" tariffs, which fluctuated wildly depending on his mood.
Trump Keeps Taking Equity Shares of Private Companies. A New GOP Bill Would Codify the Practice.
The bill would not only codify Trump's actions into law, it would establish a framework for both this and future administrations to do it too.
America Has Gone More Than a Year Without a Surgeon General. Has Anyone Noticed?
Rather than debating over who should fill the role, Congress and the White House should just eliminate it altogether.
Trump's 'Military Operation' Wordplay Can't Hide Iran War
A war by any other name must still be authorized by Congress.
10 Boats, 10,000 Troops
Plus: a pause on power plant bombing, an executive order to fund the TSA, a tentative plan to end the DHS shutdown, and more…
A War by Any Other Name
From Korea to Iran, the United States has employed countless euphemisms that not only obscure the true nature of its wars but also the constitutional limits designed to constrain them.
Andrew Kent on the Alien Enemies Act
His work further demonstrates that the AEA cannot be used in response to illegal migration or drug smuggling, but only when there is a military attack.
Trump's New Tariff Plan Still Asserts a Crisis That Does Not Exist
The president’s invocation of Section 122 conflates a trade deficit with a balance-of-payments deficit.
Liberty Justice Center Files Lawsuit Challenging Trump's Section 122 Tariffs
LJC is the group with which I worked on the IEEPA tariff case decided by the Supreme Court.
The Federal Government Was Told To Make a List of Everything It Funds. 15 Years Later, There Still Isn't One.
A sad commentary on the sprawling size and eye-watering cost of the government.
Twenty-Four States Led by Oregon File Lawsuit Challenging Trump's Section 122 Tariffs
The massive new tariffs are illegal, just like the IEEPA tariffs previously invalidated by the Supreme Court.
My New Dispatch Article on "Why Donald Trump's Iran War is Unconstitutional"
The article explains why the war requires congressional authorization,and why this requirement is important.
How the Supreme Court's Conception of Its Role Contributes to the Deformation of the Constitution
The Court's law-declaration approach not only departs from its dispute-resolution premise but risks yielding a faulty product.
US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs
Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.
The "Unitary Executive" Theory's Contribution to the Deformation of the Constitution
The "three buckets" picture of the federal government, in combination with the unitary executive thesis, gives extravagant power to the President.
How Unstated Legal Ideas Have Deformed the Constitution
In the "three buckets" picture of the structure of the federal government, a federal entity that is not part of Congress or part of the judiciary must inevitably be in the Executive Branch.
An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
It's the Spending, Stupid!
The truest measure of government in our lives is the federal budget, which is out of control.
Bernie Sanders Is Lying About AI Data Centers
Robby Soave and Christian Britschgi discuss why AI data centers spark joy, their favorite Black Mirror episodes, and libertarian skepticism of the Epstein files release.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).
Society for the Rule of Law Podcast About the Tariff Decision
Gregg Nunziata interviewed me.
Can People in Frog Costumes Beat Fascism?
The "State of the Swamp" event highlights the power and limits of absurdity and whimsy in political protest.
