The Case for Abolishing the Requirement that the President Must be a "Natural Born" Citizen
I am reposting my 2016 post on this subject, on the occasion of Kevin Walsh's guest-blogging stint addressing the same issue.
Law & Government
The 'Protect and Serve Act' Is both Unnecessary and an Assault on Federalism
There is no justification for a proposed law that would make attacks on police officers a federal crime.
Consumer Financial Protection Bureau
House Republicans Decide Some Dodd-Frank Reform Is Better Than None
After a monthslong showdown with the Senate, House leaders have agreed to pass a modest set of financial regulation reforms.
Extra Punishment in Texas for Rape if You're Married -- and for Rape of Married People
This isn't an enhancement for assaults on your spouse -- it's an enhancement for assaults on anyone, if you happen to be married.
From Washington to Wisconsin, States Are Punishing Dissent
Faced with the possibility of fines or legal battles, many will choose not to speak at all.
The Tyranny of the Administrative State
Unelected bureaucrats should not wield legislative power.
Gina Haspel, Susan Collins, and the Folly of the 'Good Soldier' Defense of Torture
Haspel's defenders say she was just following protocol when she oversaw the waterboarding of a suspected al-Qaeda operative. That's not good enough.
End of Iran Deal Underscores a Weakness of Obama's 'Pen and Phone' Presidency
If your "signature achievements" are done by executive power alone, they might as well be written in pencil.
Gina Haspel's Confirmation Hearing Is a Reckoning for America's Use of Torture During the War on Terror
"It says that it's OK to engage in war crimes and crimes against humanity, and if you do it, you'll get promoted."
Why the Trump Administration Keeps Losing in Court on Sanctuary Cities
It's all about the Constitution.
Trump, Reagan, and Why Republicans Flip-Flopped on Free Trade
The Donald is more like The Gipper on trade policy than you think. And not in a good way.
Rethinking the Unitary Executive
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
Feinstein Finally Catches Up with Her Voters, Abandons Her Opposition to Marijuana Legalization
Even the nanniest of Nanny Staters are coming around.
Florists Just Killed Louisiana's Effort at Eliminating Florist Licenses
It's the only state to require the nonsensical license, and its state senators just voted to keep it that way.
When Is Agency Action Final for Purposes of Judicial Review?
In recent decision, judges on the U.S. Court of Appeals for the D.C. Circuit debate the finer points of finality under the Administrative Procedure Act.
Another Pair of Dueling Reports Closes Out the House Intelligence Committee's Russia-Trump Investigation
Trump-supporting lawmakers find no collusion. Trump-hating lawmakers disagree.
Thoughts on the Travel Ban Oral Argument
The justices' comments in the oral argument suggest this will be a close case that could easily go either way. The outcome could well turn on the views of that perennial swing voter, Justice Anthony Kennedy.
A Roundup of My Volokh Conspiracy Posts on the Travel Ban
On the eve of the of Supreme Court oral argument in the travel ban case, here are links to some of my more notable VC posts on the subject.
California Pension Bills Are Sensible Fixes, but They Have Little Chance of Passing
Given the pension funds' fiscal condition, it's hard to understand any serious opposition to these modest measures. But don't hold your breath.
Senators Respond to Trump's Unauthorized Military Strike on Syria by Trying to Give Him Even More War Powers
This new proposed bipartisan authorization seems more like a blank check for war.
Trump Wages War Wherever and Whenever He Wants
The unauthorized attack on Syria shows Congress won't enforce limits on the president's military powers.
The Real Constitutional Crisis Is Congress' Unwillingness to Do Its Job: Podcast
From Syria to spending, the legislative branch has lost all interest in performing its basic constitutional functions.
Los Angeles Schools Facing $15 Billion Debt for Retiree Health Care
An unreleased analysis of the school district's post-employment benefits shows liabilities climbed from $13.5 billion in 2015 to $14.9 billion in 2017.
Originalism, Living Constitutionalism, and the Power to Initiate War
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.
What Should Have Happened at the Facebook Hearing
Congress doesn't have the best track record on privacy rights.
Scooter Libby Aside, Presidential Pardons Are Good and Trump Should Issue Even More of Them
"I don't know Mr. Libby, but for years I have heard that he has been treated unfairly."
America's Sinking Public Pension Plans Are Now $1.4 Trillion Underwater
Taxpayer contributions to pension plans have doubled in the past decade, but pension debt continues to increase.
The Zuckerberg Hearings Prove Government Shouldn't Regulate Facebook
Congress is filled with elderly politicians completely unsuited to regulate the tech industry.
The Constitution and Trump's Next Strike Against Syria
A small-scale strike might be constitutional even without congressional support. But it is also likely to be useless, much like last year's missile strike turned out to be. Large-scale military action of the sort that could make a real difference, requires advance congressional authorization.
Rand Paul Worries Mike Pompeo Will Keep America in Afghanistan Even Longer
"The president has been very specific, at times, on this," Paul said. "He said 'it is time to get out of Afghanistan.'"
Today's 'Balanced Budget Amendment' Is a Month Late and $1 Trillion Short
Thursday's vote is an empty gesture. Worse, it's a hypocritical one.
Mark Zuckerberg vs. Silicon Valley's Richard Hendricks: Why Facebook 'Welcomes' Regulation
HBO's hit sitcom about the tech industry lights a real-world path to a better internet.
Clear the Runway: The Fight Over 'Uber for Planes' Is Coming to Congress
The FAA banned flight-sharing apps, but Sen. Mike Lee has introduced a bill to overturn that decision.
It's Good News for Libertarians When Paul Ryan Quits Congress
The vaunted policy wonk's career has expanded the size, scope, and spending of government.
A Bunch of Senators Just Showed They Have No Idea How Facebook Works. They Want to Regulate It Anyway.
"If Facebook and other online companies will not or cannot fix their privacy invasions, then we are going to have to. We, the Congress."
Is Facebook Doomed? What To Expect from Mark Zuckerberg's Senate Testimony
His company's revenue and user growth are flattening; his image is in the toilet. Expect an embrace of hard or soft regulation from the social media king.
Feds Raid Office of Trump Lawyer Who Paid Off Stormy Daniels. This Is a Big Deal.
The search of Michael Cohen's office, explained.
Rep. Justin Amash on Trump, Ryan, and the 'Stupidity' of How the Government Spends Your Money
The firebrand Michigan congressman unloads on the GOP leadership's unwillingness to shrink government's size, scope, and spending.
How Congress Could Stop Trump's Trade War, and Why It Might Not
Senate Majority Leader Mitch McConnell says he's "nervous" about getting into a global trade war. Here's what he could do to prevent one.
No, Starbucks Coffee Won't Give You Cancer
But California regulations will let people sue your coffee roasting business into oblivion.
Kentucky Teacher Protests Are Political Theater Without Substance
Teachers have shut down schools across the state, allegedly to protest pension changes. But those pension reforms are pretty mild.
GOP Senate Candidate Austin Petersen Wants You to Be Able to Legally Buy a Machine Gun
"Let's get the conversation to where people are talking not about limiting gun rights but expanding them."
Constitutional Law Scholars' Amicus Brief in the Travel Ban 3.0 Case Explains Why the Bill of Rights Restricts Federal Power over Immigration
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
The Spending Bill Brings Us Closer to National Bankruptcy
Thanks to Congress and President Trump, budget deficits will only mushroom.
Rep. Thomas Massie: 'Anybody That Voted for the Omnibus Committed an Appalling Act'
The problem is in the procedure, says the libertarian-leaning Kentucky congressman. He thinks it could cost the GOP big in November.
Sessions Distorts the Law to Give Trump the Bump Stock Ban He Demanded
The attorney general pretends to discover that the controversial rifle accessories are already illegal.
A One-Page Provision About Minor League Baseball Shows How Broken Congress' Legislative Process Is
Congress kneecapped minor league ballplayers' lawsuit with last week's omnibus bill. Even if that was the right thing to do, the way it was done is wrong.
