Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Separation of Powers
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
District Court Rules Trump Violated Constitution by Usurping Congress's Spending Power
The decision involved administration attempts to withhold spending on foreign aid contracts, but has much broader implications.
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
DOGE Goes Deep State
A smaller government with a more powerful set of unaccountable executive officials is unlikely to be much of a win for liberty.
Has the Imperial Presidency Arrived?
There's little question that Trump is taking the concept of the imperial presidency to its apogee.
Trump Has Good Reason To Complain About Limits on His Ability To Fire Executive Officers
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
DOGE Can't Slash Government Without Congress
The federal leviathan can’t be dismantled by executive action alone. To truly cut spending and rein in the bureaucracy, the administration needs buy-in from the branch that built it.
Presidents Should Not Ignore Court Rulings
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
White House Rescinds Memo Freezing Federal Grants
This will, for the moment, avert what could have been a major legal battle over the spending power.
Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies
But at least he restored respect for a tariff-loving predecessor by renaming a mountain.
With Executive Order Avalanche, Trump Continues Trend Toward a Monarchical Presidency
We have too much rule by decree by whoever currently holds the office of president and a pen.
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
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.
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.
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.
Justice Kagan Does Not Like INS v. Chadha
Another interesting aside in the Royal Canin oral argument.
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.
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.
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.
Trump Values Judicial Independence Only When It Benefits Him
His criticism of President Joe Biden’s proposed Supreme Court reform is hard to take seriously.
The Federal Trade Commission Needs To Stay in its Lane
Recent actions by the FTC show that its officers should review the Constitution.
Federalism Could Heal a Divided Nation
There’s less reason to fight when one-size-fits-all policies are replaced with local diversity.
Determined To Avoid Presidential Paralysis, SCOTUS Endorses Presidential Impunity
We need not conjure "extreme hypotheticals" to understand the danger posed by an "energetic executive" who feels free to flout the law.
Why the Media Covered for Biden
Plus: A listener asks whether Bruce Springsteen's song Born in the U.S.A is actually patriotic.
Presidential Immunity As a Question of Executive Power
There is no textual basis for "immunity" as such, but there are structural reasons why some degree of insulation is inevitable.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Supreme Court's Presidential Immunity Ruling Could Shield Outrageous Abuses of Power
By requiring "absolute" immunity for some "official acts" and "presumptive" immunity for others, the justices cast doubt on the viability of Donald Trump's election interference prosecution.
SCOTUS Repudiates Doctrine That Gave Agencies a License To Invent Their Own Authority
The Court says Chevron deference allows bureaucrats to usurp a judicial function, creating "an eternal fog of uncertainty" about what the law allows or requires.
The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power
Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.
Critics Fundamentally Misconstrue the Supreme Court's Bump Stock Ruling
The case hinged on the ATF’s statutory authority, not the Second Amendment.
Abortion, Guns, and Hunter Biden.
Plus: A listener asks the editors about the Selective Service.
Supreme Court Upholds the Rule of Law by Rejecting the Trump Administration's Bump Stock Ban
Six justices agreed that federal regulators had misconstrued the statutory definition of a machine gun.
The Collective-Action Constitution in an Era of Polarization and Animosity: An Elegy?
Fifth in a series of guest-blogging posts.
SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity
Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."
The Alarming Implications of Trump's Immunity Claim
The Supreme Court will decide whether former presidents can avoid criminal prosecution by avoiding impeachment and removal.
SCOTUS Ponders the Implications of Prosecuting Gun Owners for a Crime Invented by Bureaucrats
Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.
4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case
His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.
Jack Goldsmith on Why SCOTUS Should Review the D.C. Circuit's Decision on Presidential Immunity
The case raises an issue of high importance and the opinion may contain some loose reasoning.
The D.C. Circuit Unanimously Rejects Trump's Audacious Presidential Immunity Claim
The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."
