Trump Obstructed Justice, Says Judge Andrew Napolitano
The Fox News legal analyst says the president is abusing executive power.
Executive Branch
If Congress Does Not Change Federal Gun Laws, Kamala Harris Promises, She Will Do It by Presidential Fiat
The California senator claims she could impose "near-universal background checks" and close the "boyfriend loophole" without new legislation.
Mueller Report Shows a Weak President, Not a Weakened Presidency
That's a potentially dangerous combination.
What Did Libertarians Learn from the Mueller Report?
Reason editors discuss Russia, Biden, Moulton (?), and that television show with the dragons.
In Defense of Trump Obstructing Justice (When There's No Underlying Crime)
Forget about Donald Trump and the Mueller report and think about all the little (and not-so-little) people who get crushed by the feds.
Vox Symposium on the Mueller Report
The symposium includes contributions by a variety of legal commentators, including fellow VC blogger Keith Whittington and myself.
If Either Party Cared About Limiting Executive Power, Trump's Presidency Would Be Toast
Extreme partisanship and the desire for power will play as big a role in saving Trump's presidency as his aides did by ignoring his orders.
Standing on the Shoulders of Tyrants
Donald Trump's rhetoric is breathtakingly authoritarian, but so far he's done less than his predecessors to expand executive power.
Gravity Knives, Bump Stocks, and Lawless Law Enforcement
New York cops and the president arbitrarily turn legal products into contraband.
Donald Trump's Bump Stock Ban Turns Peaceful Gun Owners Into Felons by Fiat
The ban, which took effect this week, usurps congressional authority by rewriting an inconvenient law.
About that Campus Free Speech Executive Order
A crude tool unlikely to do much good and that might do some harm.
Trump: 'Universities Have Tried to Impose Total Conformity. That Changes Starting Right Now.'
The president signed an executive order supporting free speech on college campuses.
Trump Will Sign Executive Order Requiring Colleges To Promote 'Free Inquiry' If They Want Federal Research Funds
"It is the policy of the federal government to encourage institutions to foster environments that promote open, intellectually engaging, and diverse debate."
Congress Grows a Spine
Thank Donald Trump for the belated attempt to enforce the Constitution's separation of powers.
Implications of Today's Senate Vote Against Trump's Border Wall "Emergency" Declaration
How the overwhelming vote against Trump's position could potentially affect the lawsuits challenging the legality of the declaration.
The Executive Power Clause—Crux of the Constitutional Settlement
The nation's force mustered in service of the nation's will.
Executive Power and the Metonymy Error
How has residuum theory gotten this all so wrong?
Trump Administration Continues to Lose Sanctuary City Cases - this Time Respecting New Fiscal Year 2018 Grant Conditions Imposed on State and Local Government Receiving Federal Law Enforcement Grants
The administration continues to try to impose grant conditions on state and local governments that were never authorized by by Congress. In two new decision, courts continue to rule against them.
Strange New Respect for…Nancy Pelosi?: Podcast
We live in desperate times when the brake on both Democratic socialism and Republican executive-branch abuse is a 78-year-old San Francisco Democrat.
Article II Vests the Executive Power, Not the Royal Prerogative
Against the Imperial Presidency.
Trump Vows That an Executive Order on Campus Free Speech Is Coming 'Very Soon'
An official tells Reason that a draft of the EO targets federal grants to universities and colleges.
House Votes to Terminate Trump's National Emergency
Libertarian Rep. Justin Amash joined with Democrats to oppose the president's power grab.
Why Trump's Emergency Declaration is Illegal
The strongest legal argument against Trump's attempt to use emergency powers to build the wall is that declaring an emergency does not authorize him to spend money and condemn property for that purpose. But he also lacks grounds to declare an emergency in the first place.
Trump's Phony Yet Legal Border Emergency
Congress seems to have authorized this end run around its spending power. Can it do that?
This SCOTUS Precedent Is Bad News for Trump's Emergency Border Wall Declaration
"Extraordinary conditions do not create or enlarge constitutional power."
Once a Critic of Executive Power, Trump Is Now Taking Us Closer to Rule by Decree
Bargaining over policy is supposed to be frustrating. That's a feature, not a bug, of limited government.
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.
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.
