Executive Power and the Metonymy Error
How has residuum theory gotten this all so wrong?
Law & Government
Trump Says 'Senate Republicans Are Not Voting on Constitutionality' of Emergency Declaration
It's a problematic sentiment on several levels.
Justice Gorsuch Side-Swipes Chevron
In a dissenting opinion, Justice Gorsuch suggests it's a good thing when parties don't rely upon the Chevron doctrine.
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.
California Supreme Court Dodges a Hard Call in Pension Ruling
One pension-spiking tool can be scaled back now, but the California Rule remains intact.
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.
GOP Sen. Kevin Cramer Says Trump's Emergency Declaration Is 'Unnecessary'
Cramer tells Reason he's not sure which way he'll vote on a resolution to block it.
Bipartisan Bill Would Stop States From Denying Occupational Licenses Due to Student Loan Debt
New proposal from Sen. Marco Rubio and Sen. Elizabeth Warren would stop states from using the dumbest of all reasons to keep someone out of work.
Cory Booker Makes Federal Marijuana Legalization a Central Campaign Push
Democrats approached the issue carefully in 2016. Now six presidential candidates are all-in for complete reform.
Companies Should Avoid States With Huge Pension Debts, Warren Buffett Warns
A candid picture of how investors see the slowly unfolding pension crisis
Mike Lee: 'Every Conceivable Partisan Combination' Has 'Deviated From' Federalism
"This isn't a partisan issue," the Utah senator says. "This is a constitutional issue."
Michael Cohen Acknowledges His Own Lies While Calling Out Trump's
"I can only warn you that the people who follow Trump as I did, blindly, are going to suffer the same consequences that I did."
Here Is What's Wrong With the Gun Control Bills the House Is About to Pass
Two bills dealing with background checks would criminalize innocent behavior and unjustly interfere with the exercise of Second Amendment rights.
House Votes to Terminate Trump's National Emergency
Libertarian Rep. Justin Amash joined with Democrats to oppose the president's power grab.
Rep. Justin Amash: 'The President Doesn't Get To Just Declare an Emergency'
"We have to make sure that each branch stays within its own lane and Congress retains its power over the purse."
Justice Department Asks Court to Narrow Auer Deference
In a just-filed brief, the Trump Administration asks Supreme Court to reduce the degree of deference government agencies receive.
Brett Kavanaugh Flunks His First Test as an Originalist
Unlike Thomas and Gorsuch, Kavanaugh stayed mum on originalism in a major constitutional case.
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.
Can You Name the Only Republican to Co-Sponsor a Bill Blocking Trump's National Emergency?
More than 200 Democrats-plus one Republican-co-sponsor a joint resolution against Trump's national emergency declaration.
Illinois Cops Turned $850 Into a $20,000 Pension Boost
Why did the pension board go along with the scam? Probably because its members are current officers and retirees.
Supreme Court Rules that Excessive Fines Clause Applies to States and Constrains Civil Asset Forfeiture
The decision in Timbs v. Indiana is a significant step forward for property rights and civil liberties, though a key issue remains to be resolved by lower courts.
State Can't Bulldoze Man's Atlantic City Home for Undefined 'Mixed Use Project,' N.J. Court Rules
A win for private property rights, and a defeat for proponents of eminent domain.
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."
The 3 Rules of Hate Speech and the First Amendment
Episode 2 of Free Speech Rules by UCLA Law Professor Eugene Volokh
Trump Mocks California Bullet Train Boondoggle in Slamming 16 States' National Emergency Suit
Trump has exhibited a "flagrant disregard of fundamental separation of powers principles engrained in the United States Constitution," the suit reads.
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.
The Invalidation of the PROMESA Appointments
A few thoughts on the First Circuit's separation of powers ruling on the Puerto Rico bankruptcy board
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 Says He 'Didn't Need to' Declare a National Emergency to Build His Border Wall
"But I wanted to do it faster."
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?
Spending Bill Ignores Promised Funding for Major Criminal Justice Reform Passed Last Year
The FIRST STEP Act was supposed to get $75 million to fund reentry programs and job training. That's missing from the budget bill being voted on Thursday.
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!
Marijuana Activist Who Live-Streamed Meeting With Congressional Staffer Charged With 'Illegal Wiretap'
Rep. Andy Harris's (R-Md.) office refuses to say whether the congressman supports prosecution of the young activist.
Trump Plans To Sign Border Deal and Declare National Emergency. Here's What That Could Mean.
Trump won't rely on Congress to fund his 200 miles of border wall.
Last Year Saw 'Furthest-Reaching Attempt to Censor Online Speech' Since the 1990s, Say FOSTA Challengers
As the lawsuit against FOSTA hits appeals court, three essays about the law that everyone should read.
New Bipartisan Spending Deal Includes Billions More for Border Barriers, TSA, and Everything In Between
With the federal government $22 trillion in debt, Congress has decided to spend more money.
House Passes Bill To End U.S. Support for Saudi Involvement in Yemen; Rep. Justin Amash Votes 'Present'
Amash had an interesting reason for not voting "yes."
What Happened at the House Science Committee Hearing on the State of the Climate, and Why It Matters
Extreme weather events around the globe have tripled since the 1980s, but what's happening in the U.S.?
It Looks Like Trump Will Sign Border Deal and Dodge Another Government Shutdown
Make no mistake about it, avoiding another shutdown is for the best.
National Debt Hits a New Record High: $22 Trillion
A new record, but one that won't stand for long.
