Biden's Messy Mercy
Plus: A listener asks the editors to consider the tradeoffs of involuntary commitments to mental institutions.
Executive Branch
Was the Supreme Court Wrong About Presidential Immunity?
Glenn Greenwald and Elizabeth Price Foley debate Trump v. United States and its implications for presidential powers.
Biden Shouldn't Have Commuted the Sentence of a Judge in the 'Kids for Cash' Kickback Scandal
But that shouldn't detract from the many worthy people who received commutations after spending years on home confinement.
Biden Issues More Pardons and Commutations Under Pressure From Criminal Justice Groups
Biden commuted the sentences of roughly 1,500 federal offenders who had been serving the remainder of their sentences on home confinement after being released from prison during COVID-19.
Biden Faces Mounting Pressure To Clear Federal Death Row and Issue More Commutations After Pardoning His Son
Civil rights groups, law enforcement officials, and religious leaders say Biden needs to use his pardon power to fulfill his campaign promises, not just help his son.
When Deciding Whether To Investigate His Opponents, Trump Says, He Will Defer to 'Very Fair' Kash Patel
Trump's pick to run the FBI has a long list of enemies he plans to "come after," with the legal details to be determined later.
The Meese Revolution: The Making of a Constitutional Moment (2024)
by Steven Gow Calabresi and Gary Lawson.
Five Executive Orders To Unleash Markets in Space
Simple policy changes can unleash innovation, remove barriers, and secure U.S. dominance in the final frontier.
Trump vs. Cleveland: A Tale of Two Tariff Strategies
Grover Cleveland fought high tariffs as a “communism of pelf.” Trump embraces them as an economic cornerstone.
After Hunter's Pardon, Joe Biden Should Support De-Weaponizing Government Power
Maybe we can all agree that government officials shouldn’t target political enemies.
The President Still Has Time To Show His Mercy Extends Beyond His Own Son
The draconian penalties that Hunter Biden escaped affect many people whose fathers cannot save them.
Hunter Biden's Pardon Features Several Shades of Hypocrisy, Including the Gun Policy Implications
Joe Biden says his son did not deserve prison for violating firearm laws that the president vigorously defends and has made more severe.
Biden's Final Insult to Our Intelligence
Plus: A listener asks the editors about the libertarian position on doctor-assisted suicide.
Joe Biden Rarely Issues Pardons but Made an Exception for His Son
Biden continues a modern trend of presidents who are stingy with the pardon pen.
Joe Pardons Hunter
Plus: Media figures and politicians react to the news, Donald Trump appoints Kash Patel to head the FBI, and more...
Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
Return of the 'Tariff Man'
Plus: Are tariffs inflationary, RIP to a giant of the free market movement, and more...
Will Trump's Labor Secretary Pick Be a Big Win for Public Sector Unions?
Rep. Lori Chavez-DeRemer has backed bills to abolish right-to-work laws and overturn state-level reforms that limit the power of public sector unions.
The Last Chance To Curtail Trump's Tariff Powers?
Sen. Rand Paul's bill to require congressional consent for tariffs is getting new attention in the final weeks before Trump's return to power.
Abolish the Commerce Department
Donald Trump has tabbed Howard Lutnick to be the next secretary of the Department of Commerce. He should also be the last.
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
Thomas Berry (Cato Institute) on Trump's Recess Appointment Plan
Berry explains why the plan is flawed on legal and other grounds.
Want To Lower the Political Temperature? Make the Presidency Less Important
Congress needs to reassert its powers and bring the imperial presidency back down to earth.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
Trump Has Many Grudges. Now He Has a Chance To Act on Them.
In his second term, the former and future president will have more freedom to follow his worst instincts.
Trump Is Not Thoughtful Enough To Be a Fascist
The Republican presidential candidate’s views do not reflect any unifying principle other than self-interest.
More on "Invasion," the Alien Enemies Act, and the Political Question Doctrine
Legal scholar Michael Ramsey points out another way courts could reject Trump's plan to use the act as a tool for peacetime mass deportation.
The Presidential We
How U.S. presidents habitually use—and abuse—pronouns to deceive.
Trump's Plan to Use the Alien Enemies Act of 1798 as a Tool for Mass Deportation
The plan is illegal. But courts might refuse to strike it down based on the "political questions" doctrine.
Democrats Refusing To Say They'd Accept a Trump Victory Aren't Helping
It's fundamentally different from what Republicans have tried to do, but similar enough to be worrisome.
The Appointments Clause Goes Fishing
A successful appointments clause challenge to Regional Fishery Management Councils. (Updated to fix block quotes)
Perils of Broad Presidential Power Over Tariffs
Donald Trump's plan for massive tariff increases is particularly dangerous because the White House could likely implement it without any new congressional authorization.
Looking at Reagan Through the Lens of Trump
Max Boot's biography of Ronald Reagan is deeply researched and informative, but it sometimes stumbles when it tries to use the past to make sense of the present.
Most Justices Seem Inclined To Uphold the ATF's New Restrictions on Homemade Firearms
The Supreme Court is considering whether a rule targeting "ghost guns" exceeds the agency's statutory authority.
Voters' Yearning for a Dictator Is a Danger to the Country
Contrary to public desires, the presidency should be far less powerful.
'Sometimes You Need a Strongman,' Trump Declares
The former president's attempts to put a positive spin on the term are consistent with his alarmingly authoritarian instincts.
When Biden's 'Bubble Wrap' Burst
Will the liars and hacks who covered up Biden's cognitive decline face any consequences?
Executive Power Scholarship: A Three Level Problem
Reflections on that Twitter dust-up.
Special Counsel Jack Smith Files Revised Trump Indictment in Election Subversion Case
The revised indicment is intended to address the Supreme Court's presidential immunity ruling in Trump v. United States.
A Revised Trump Indictment Tries To Overcome the 'Presumption' of Presidential Immunity
In charging the former president with illegal election interference, Special Counsel Jack Smith emphasizes the defendant's personal motivation and private means.
16 Red States File Lawsuit Challenging Biden "Parole in Place" Program for Undocumented Immigrant Spouses of US Citizens
The lawsuit deserves to lose. But it may well lead to a prolonged legal battle.
Neither Harris Nor Her Party Perceives Any Constitutional Constraints on Gun Control
The 2024 Democratic platform devotes five paragraphs to firearm restrictions but does not even allude to the Second Amendment.
Democrats Just Can't Quit Saving Our Souls
Joe Biden and Hillary Clinton bring millenarianism—and messianism—back.
Unlike Biden and Trump, Kamala Harris Has Repeatedly Supported Pot Legalization
The presumptive Democratic nominee has a more liberal drug policy record than both the president and the Republican presidential nominee.
