A New Bill Would Rein in Executive Overreach and the Administrative State. But Does Congress Really Want That Power?
The REINS Act is back. Again.
Separation of Powers
The Case that Started All the Fuss
Judge Tigar's (ND CA) asylum decision is an especially inappropriate target for Trump's ranting, given the weakness of the Administration's position on the legal issues raised by the case.
Who Is Lawfully the Attorney General Right Now?
Why first principles suggest that Matthew Whitaker's acting appointment is invalid, but precedent and practice might suggest the opposite.
Why the Executive Branch Shouldn't Legislate
Progressives appreciate the separation of powers-up to a point.
The Best Parts of the Kavanaugh Hearing
A great set of colloquies on originalism, the Federalist, and human imperfection.
Ben Sasse is Half-Right About Congress' Excessive Delegation of Power to the Executive and the Courts
He's right that Congress has delegated too much power, but wrong about the reason, which is not that Congress is afraid to legislate but that it legislates too much.
SCOTUS Nominee Brett Kavanaugh Sees Perils of Aggressive Administrative State
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
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.
If Congress Reclaims Its War Powers, There Would Be Little Reason to Worry About John Bolton
Many people fear that John Bolton and Donald Trump might start an unnecessary war. But such fears would be unnecessary if Congress were to reclaims it power to initiate war.
Trump Plans to Ban Bump Stocks by Administrative Fiat
Since the accessories are legal, Attorney General Jeff Sessions is helping the president rewrite the law.
Appeals Court Rules Against Trump's Travel Ban 3.0
The court concluded that the travel ban exceeds the scope of presidential authority and violates immigration laws enacted by Congress.
Bruce Ackerman on the Need to Rein in Unconstitutional Warmaking Before it is Too Late
A prominent constitutional law scholar highlights the perils of wars waged without congressional authorization - a practice engaged in by Obama and now perpetuated by Trump.
No, Trump is Not Making Separation of Powers Great Again
He's more than happy to engage in power grabs when it helps his agenda.
