Even during a pandemic, major changes to laws and policies should be funneled through state assemblies.
If the refusal of lawmakers to enact a president's policies is justification for unilateral executive action, then a slide toward elective monarchy is inevitable.
A newly released OLC opinion asserts the White House can require independent agencies to comply with Executive Orders on regulatory review.
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Plus: Biden definitely wins Georgia, Alaskans approve ranked-choice voting, Facebook faces next antitrust lawsuit, and more...
If only that signaled a broader respect for legal limits on executive power.
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
Plus: Raleigh cop uses fake evidence in drug cases, caution on CDC study linking restaurants to COVID-19 cases, and more...
"I know what moral panics look like; they look kind of like this."
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
Plus: unrest in Minneapolis, Twitter labels Trump tweet, and more...
Congress created inspectors general to be watchdogs, but it's too weak-willed to protect those watchdogs from retaliation.
The 1961 speech by President Dwight Eisenhower foreshadowed the current government's response to COVID-19.
Plus: Americans plan to stay home for months, courts block more abortion bans, Amash "looking closely" at presidential run, and more...
If Bloomberg's Arrogance Worries You, His Weaselly Positions on Presidential Power Won't Reassure You
The presidential candidate reserves the right to wage unauthorized wars, kill Americans in foreign countries, prosecute journalists, and selectively flout the law.
Sarah Sanders 'Can't Think of Anything Dumber Than Allowing Congress To Take Over Our Foreign Policy'
The former press secretary thinks abiding by the Constitution would be the worst thing for America right now.
"Somehow we've decided that the one job in America that gets the most job protection is the one where you actually get nuclear weapons," says the Cato Institute's Gene Healy.
If, at the end of all this, President Mike Pence sits behind the Resolute desk in the Oval Office, what has been accomplished?
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.
Here Is What the 2020 Candidates Say About the President's Power to Wage War Without Congressional Approval
The strongest critics of unilateral decisions to attack other countries include Tulsi Gabbard and Bernie Sanders, while Joe Biden thinks anything goes.
The senator and the president she wants to unseat are determined to have their way, regardless of what the law says.
The libertarian legal analyst says Trump, like his White House predecessors, has abused executive power in all sorts of ways.
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.
New York cops and the president arbitrarily turn legal products into contraband.
The ban, which took effect this week, usurps congressional authority by rewriting an inconvenient law.
Libertarian Rep. Justin Amash joined with Democrats to oppose the president's power grab.
Bargaining over policy is supposed to be frustrating. That's a feature, not a bug, of limited government.
In a State of Emergency, the President Can Control Your Phone, Your TV, and Even Your Light Switches
Under a little-known regulation that dates back to the 1930s, the president has legal power over electronic transmissions.
Plus: Congress forgets to fund the First Step Act, The New York Times chastises smug politicians over Amazon, and what if the U.S. were 100 city-states?
A case to watch for both criminal justice reformers and for critics of executive overreach.