Separation of Powers
The Bolton Subpoena
John Bolton may have critical evidence relevant to the House impeachment inquiry; why hasn't the House subpoenaed his testimony?
Kavanaugh Joins Gorsuch in Fight To Revive Nondelegation Doctrine
An important development in the legal wrangling over the separation of powers.
Presidential Power and the Wall
An amicus filing in the case challenging the Emergency Declaration's diversion of funds towards building the Wall
Is the CFPB Unconstitutional? We'll Soon Find Out. (Corrected)
The Supreme Court will consider a constitutional challenge to the composition of the Consumer Financial Protection Bureau.
Vox Symposium on The President's Refusal to Cooperate with the House Impeachment Inquiry
Thirteen legal scholars weigh in, including the VC's Keith Whittington and myself.
Trump's Tantrum Over Impeachment Just Got Official
Plus: FBI rebuked by FISA court, how Harris could come back, and more…
Shareholders Challenging FHFA's Constitutionality Want Supreme Court to Hear Their Case -- Even Though They Won
Fannie Mae and Freddie Mac shareholders convinced the Fifth Circuit to declare the Federal Housing Finance Agency's structure unconstitutional, but they're seeking Supreme Court review nonetheless.
John Yoo Warns That Impeachment Would Undermine Presidential Power. That's the Point.
While there may be sound political reasons to let voters decide Trump's fate, there are sound constitutional reasons to clarify the limits of his authority.
CFPB Decides that the CFPB Is Unconstitutional
In a newly filed brief with the Supreme Court, the Justice Department claims the Consumer Financial Protection Board's structure is unlawful.
Boston Judge Smacked Down for Overruling D.A. Who Tried To Drop 'Straight Pride' Protest Charges
Top justice rules that trying to push a criminal case forward over prosecutors’ objections is a violation of separation of powers.
Supreme Court Stays Lower Court Ruling Against Trump's Border Wall Construction
It's a win for Trump; but only on procedural grounds. The broader legal battle over the wall is far from over.
Kamala Harris and Donald Trump Unite to Defend the Imperial Presidency
The senator and the president she wants to unseat are determined to have their way, regardless of what the law says.
Federal Court Rules Against Trump in Border Wall Cases
The decisions expand on the same judge's earlier preliminary ruling holding that the president cannot reallocate military funds to build his border wall.
Senators Rand Paul and Ron Wyden Pitch New Limitations on Presidential Emergency Powers
The United States is currently operating under 32 different national emergencies. This proposal would require Congress approve those declarations within 72 hours, and again after 90 days.
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
Can the House of Representatives Continue a Prosecution That the Executive Branch Has Decided to Drop?
An interesting separation of powers question coming in the Female Genital Mutilation statute / Commerce Clause / Religious Freedom Restoration Act / Dawoodi Bohra litigation.
Federal Court Rules Trump Cannot Use Defense Funds to Build Border Wall
The first court decision on Trump's plan to reallocate federal funds to "build the wall" goes against the administration.
Wishing for a Constitutional Crisis
When politicians tell you we are in a constitutional crisis, you shouldn’t take it at face value.
If Congress Does Not Change Federal Gun Laws, Kamala Harris Promises, She Will Do It by Presidential Fiat
The California senator claims she could impose "near-universal background checks" and close the "boyfriend loophole" without new legislation.
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."
Trump's Phony Yet Legal Border Emergency
Congress seems to have authorized this end run around its spending power. Can it do that?
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
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.
