Courts Rule That Trump's Immigration Orders Are an Abuse of His Executive Authority
They are correct.
Executive Power
Federal Court Rules Trump Cannot Use "Emergency" Declaration to Divert Funds to Build his Border Wall
The decision is the first to address the legality of using the emergency declaration for this purpose. Previous wall cases involved Trump's attempts to redirect other funds.
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, Not the Whistleblower, Has Acted Illegally
The president's threats might prevent future whistleblowers from coming forward to expose executive abuse.
Who's Right on Impeachment: Rand Paul, Justin Amash, or Jeff Flake?
Libertarian-leaning legislators have markedly different ideas about the I-word. What say the Reason editors?
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.
Trump, Ukraine, and Congress's Power of the Purse
If Trump threatened to withhold aid funds in order to pressure Ukraine into investigating Joe Biden and his son, he undermined Congress' power of the purse. It's an important aspect of the Ukraine scandal that has so far been largely ignored.
Nancy Pelosi Announces Trump Impeachment Inquiry Over Ukraine Scandal
The decision comes amidst allegations that President Trump pressured Ukraine into performing opposition research on Joe Biden.
Abolish the President's Virtually Unconstrained Power to Impose Tariffs
As Trump's trade wars demonstrate, giving the president unilateral authority to impose tariffs is both dangerous and unconstitutional. Getting rid of it is likely to require a combination of litigation and political mobilization.
Trump's Bizarre Meeting With Corey Lewandowski Suggests a Consciousness of Guilt
Again and again, the president tried to interfere with the Mueller investigation in a roundabout way.
E-Cigarette Restrictions Raise a Question: Can Governors Unilaterally Ban Products They Don't Like?
Pending restrictions on vaping products in Michigan and New York are based on an alarmingly broad understanding of the executive branch's "public health" authority.
Kamala Harris Does Not Understand Why the Constitution Should Get in the Way of Her Gun Control Agenda
The presidential contender conspicuously fails to explain the legal basis for her plan to impose new restrictions by executive fiat.
There's Only 1 Democrat Talking About the Constitution, and It's (Shudder) Joe Biden
The Democratic presidential field is not interested in your puny restraints on the executive branch.
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.
Congress Must Roll Back Trump's Tariff Authority
Sen. Chuck Grassley and the Senate Finance Committee will debate two bills this fall aimed at restricting presidential authority to impose tariffs without congressional approval.
The Price of an Erratic President
Even if Trump doesn’t follow through on his bad ideas, the uncertainty is still a drag.
Biden to America: Massive Amounts of Executive Power Is Just Fine So Long as Trump Isn't President
In a testy exchange about immigration, the former vice president argued that Trump alone was the problem.
Gorsuch and Kagan Clash Over Judicial Deference to the Administrative State
“It should have been easy for the Court to say goodbye to Auer.”
Appeals Court Rules Against Trump in Border Wall Case
The ruling upholds a trial court decision holding that the president cannot divert military funds to builds his proposed border wall.
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.
A Troubling Supreme Court Decision on Non-Delegation
Today's ruling in Gundy v. United States allows Congress to delegate to the executive broad power to create new criminal offenses. But there is hope the Court might reconsider Gundy in the future.
Is the Indian System Strong Enough to Survive Modi?
India, unlike America, lacks checks against the designs of a populist authoritarian.
The Treasury Department Is Entrenching Trump's Nonsense View of Trade Deficits
In a new report, the Treasury Department declares it will begin scrutinizing any nation that runs a bilateral trade imbalance of more than $40 billion with the United States
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.
Legal Scholars' Letter on Initiating a Congressional Lawsuit to End Illegal US Role in the Yemen War
A letter signed by a wide range of scholars with different political and jurisprudential views urges Congress to sue to end illegal US involvement in the Yemen conflict.
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
Federal Judge Dismisses House of Representatives Border Wall Lawsuit for Lack of Standing
The decision does not reach the merits of President Trump's attempt to divert military funds to build his border wall.
Vox Symposium on Whether a Sitting President Can be Indicted and Prosecuted for a Crime
The symposium includes contributions by 16 legal commentators, including VC bloggers Keith Whittington and myself.
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.
Democrats Will Go Forward With Barr Contempt Vote Despite DOJ Threat to Deny Them All Access to the Mueller Report
Plus: "Offending religious feelings" in Poland, Trump tax returns, the latest "heartbeat bill," Denver's mushroom measure, and more...
Judge Andrew Napolitano: President Trump Obstructed
The libertarian legal analyst says Trump, like his White House predecessors, has abused executive power in all sorts of ways.
Mueller Report Shows a Weak President, Not a Weakened Presidency
That's a potentially dangerous combination.
What Did Libertarians Learn from the Mueller Report?
Reason editors discuss Russia, Biden, Moulton (?), and that television show with the dragons.
In Defense of Trump Obstructing Justice (When There's No Underlying Crime)
Forget about Donald Trump and the Mueller report and think about all the little (and not-so-little) people who get crushed by the feds.
Vox Symposium on the Mueller Report
The symposium includes contributions by a variety of legal commentators, including fellow VC blogger Keith Whittington and myself.
If Either Party Cared About Limiting Executive Power, Trump's Presidency Would Be Toast
Extreme partisanship and the desire for power will play as big a role in saving Trump's presidency as his aides did by ignoring his orders.
Standing on the Shoulders of Tyrants
Donald Trump's rhetoric is breathtakingly authoritarian, but so far he's done less than his predecessors to expand executive power.
Congress Grows a Spine
Thank Donald Trump for the belated attempt to enforce the Constitution's separation of powers.
Implications of Today's Senate Vote Against Trump's Border Wall "Emergency" Declaration
How the overwhelming vote against Trump's position could potentially affect the lawsuits challenging the legality of the declaration.
The Executive Power Clause—Crux of the Constitutional Settlement
The nation's force mustered in service of the nation's will.
Executive Power and the Metonymy Error
How has residuum theory gotten this all so wrong?
Trump Administration Continues to Lose Sanctuary City Cases—this Time Respecting New Fiscal Year 2018 Grant Conditions Imposed on State and Local Government Receiving Federal Law Enforcement Grants
The administration continues to try to impose grant conditions on state and local governments that were never authorized by by Congress. In two new decision, courts continue to rule against them.
Article II Vests the Executive Power, Not the Royal Prerogative
Against the Imperial Presidency.
Why Trump's Emergency Declaration is Illegal
The strongest legal argument against Trump's attempt to use emergency powers to build the wall is that declaring an emergency does not authorize him to spend money and condemn property for that purpose. But he also lacks grounds to declare an emergency in the first place.
Trump's Phony Yet Legal Border Emergency
Congress seems to have authorized this end run around its spending power. Can it do that?
