Trump Won't Enforce the TikTok Ban. Is That Constitutional?
The Constitution requires the president to “take Care that the Laws be faithfully executed.”
The Constitution requires the president to “take Care that the Laws be faithfully executed.”
Plus: Pittsburgh lowers prostitution penalty, FSC v. Paxton, the Diddy verdict, and more…
The belief that limited government best protects individual rights turned out to be America’s secret sauce.
The ruling tells an interesting story about how the very body that created a cause of action for victims of federal abuse has since worked to undermine that right.
Plus: What songs are on your Independence Day playlist?
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
Plus: Conservatives won big overall this year at the Supreme Court.
The Supreme Court's decision in Free Speech Coalition v. Paxton weakens the First Amendment rights of adults everywhere.
Rep. Ro Khanna (D–Calif.) discusses the War Powers Resolution he co-sponsored with Rep. Thomas Massie (R–Ky.), the Israel-Iran conflict, and why the antiestablishment left and right must work together.
Plus: A criminal justice case that managed to unite Alito and Gorsuch.
Trump's attack on Iran plainly violates the War Powers Act. Limits on executive power are most important when they are inconvenient.
The attack on Iranian nuclear sites is a risky gamble. And it was completely by choice.
Joe Biden showed that the 25th Amendment doesn't work. Donald Trump showed that impeachment is broken too.
The Supreme Court ruled decades ago that burning the flag is protected by the First Amendment, no matter how offensive that act may be.
But now his case against the government can move forward.
Plus: The glorious return of drive-in movie season.
Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.
Plus: A love letter to the heavy metal band Slayer.
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Reason confirmed reports of dysfunction and violence at one of those detention centers earlier this week.
The federal courts are supposed to be a bulwark against presidential overreach, not a rubber stamp.
Speech codes intended to battle misinformation are instead empowering the government to be the arbiter of truth.
President Trump is entitled to try to execute his immigration policy. He is not entitled, however, to violate the Constitution.
Mark Meador thinks the Federal Trade Commission may have the legal right to investigate nonprofits that “advocate for the interests of giant corporations” if they don’t disclose their donors.
"It's not just one or two administrative errors," says the Cato Institute's David Bier.
The legal principle safeguards civil liberties, protecting even unpopular people from the government.
The 1866 debate over birthright citizenship included a debate over immigration.
For nearly three years, Daniel Horwitz faced contempt of court for talking about a private prison that was one of his most frequent courtroom opponents.
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
A federal judge finally acknowledged that New York City won't fix the constitutional crisis at Rikers on its own, but the problem goes far beyond New York City.
Ozturk's continued detention "potentially chills the speech of the millions and millions of people in this country who are not citizens," said U.S. District Judge William K. Sessions III.
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
The memo says "Alien Enemies" aren't subject "to a judicial review of the removal in any court of the United States."
It appears many people are now eager to dispense with due process.
"We have thousands of people that are ready to go out, and you can't have a trial for all of these people," Trump said.
Plus: A listener asks who was the better president: Trump or Obama?
In Justice Abandoned, a law professor argues that the Court got these key decisions wrong.
“The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions.”
"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear," Judge J. Harvie Wilkinson warned.
Spencer Byrd's case helped spark reforms and a federal lawsuit, but he died before seeing justice.
No, the Supreme Court did not give Trump free rein in the case of a wrongly deported man.
The pro-censorship post was quite the Freudian slip from the Trump administration.
Trump lost on his most aggressive claims of executive power for the second time in a week.
The Supreme Court did not answer two of the biggest legal questions raised by Trump’s invocation of the Alien Enemies Act.
Detroit lawyer Amir Makled has confidential client data on his phone. That didn’t stop U.S. Customs and Border Protection from trying to search it.
A federal court ruled Trina Martin could not sue the government after agents burst into her home and held an innocent man at gunpoint.
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