Upcoming Federalist Society Executive Branch Review Conference
The online event features panels on a wide range of issues related to executive power, including one on federalism where I will be one of the participants.
Executive Power
Adam Cox and Cristina Rodriguez Respond to Critics and Commentators on their Book "The President and Immigration Law"
This is the conclusion of the Yale Journal on Regulation symposium about the book.
Joe Biden Learns To Love Gun Control by Presidential Fiat
The president's unilateral restrictions are legally dubious and unlikely to "save lives."
Yale Journal on Regulation Symposium on Adam Cox and Cristina Rodriguez's book "The President and Immigration Law"
Contributors include a variety of legal scholars, including, Jessica Bulman-Pozen, Dan Farber, and myself, among others.
Biden Administration Extends CDC Eviction Moratorium Until June 30—the Legal Battle Over it Will Continue
The new order is similar to the old, but includes an extensive section defending the measure on public health grounds.
Is More Presidential Power Necessary in the Modern World? A Soho Forum Debate
Stanford University's Terry Moe and the Cato Institute's Gene Healy debate giving fast-track authority to U.S. presidents.
Should U.S. Presidents Have Fast-Track Authority to Get Things Done?
A Soho Forum debate on expanding or restricting presidential powers.
My New Washington Post op ed on Biden, Syria, and War Powers
I argue that the recent air strike was legal, but overall US military intervention in Syria still lacks required congressional authorization. Biden may be trying to change that; but history gives reason for skepticism.
Biden Indicates Openness to Replacing War Authorizations with "Narrow and Specific" Framework
This initiative might help restore congressional control over war authorization. But there is reason for skepticism that it will pan out.
The Constitution and Biden's Syria Air Strike
The strike was probably legal (as were similar small-scale strikes by Trump). But there are serious constitutional problems with the overall US military presence in Syria.
The State of the Legal Struggle Over the CDC Eviction Moratorium
Two district court decisions have upheld the moratorium against various challenges, while one has ruled against it. The legal battle may be just beginning.
Rand Paul, Ron Wyden Want To End Endless National Emergencies
Under a bill the two senators reintroduced on Friday, all presidential emergency declarations would expire after 72 hours unless Congress votes to allow them to continue.
Biden Revokes Trump's Coronavirus Immigration Bans [Updated with a correction]
This action brings to an end a period when the US was more closed off to legal immigration than at any other time in the nation's history.
Biden's Orders Continue the Presidency's Slide Toward Elective Monarchy
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.
Will Democrats Embrace the Imperial Presidency Now That Their Guy Is in Charge?
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
Biden Issues At Least 15 Executive Orders and Actions on Day One
Plus: Columbia University neuroscientist defends heroin use, Cuomo plan would still criminalize growing or delivering marijuana, and more...
Biden's Revival of Trump's Eviction Moratorium is at Odds with His Position on the Legality of a National Mask Mandate
Biden correctly recognizes he doesn't have the authority to impose a general national mask mandate. The same reasoning shows the nationwide eviction ban is also illegal.
Biden's Mask Mandate Retreat Is a Hopeful Sign
The president acknowledges that there are limits to executive power, even during a public health emergency.
Can President Trump Pardon Himself?
The Constitution's words, history, and structure suggest the best answer is no. He can't plead, "I beg my pardon."
Biden's Recovery Plan Would Extend the Federal Government's Extraordinary Eviction Ban Through September 2021
Eviction bans were enacted as an emergency public health measure. They’re quickly becoming a permanent policy.
A Qualified Defense of Impeaching Trump Again
I supported the previous impeachment of Trump, and would be happy to see him impeached and convicted now. But before proceeding, we should carefully consider how effective a new impeachment effort is likely to be.
Trump Wasn't a Dictator, but He Played One on TV
The 45th president busted norms left and right. But the abuse of executive power didn't start and won't end with him.
Congress Overrides Trump Veto of Defense Bill that Includes Tight Constraints on Use of "Emergency" Powers to Divert Military Construction Funds to the Border Wall and Other Projects
This would prevent repetition of some of the shenanigans Trump has used to divert funds for his border wall project.
Will President Biden Have Greater Control Over Independent Agencies than His Predecessors?
A newly released OLC opinion asserts the White House can require independent agencies to comply with Executive Orders on regulatory review.
How Biden Can Terminate Trump's Border Wall Project—And Save Money and Protect Property Rights in the Process
Joe Biden can easily stop further work on the wall, protect property owners against further takings of private property, and save money in the process. Additional steps may be tougher, but are still worth considering.
Trump's Pattern of Self-Serving Pardons Continues
President Trump's use of the pardon power confirms Anti-Federalist fears more than did his predecessors'.
Biden Acknowledges Constitutional Limits to the Power of the Presidency
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Trump Outlaws Ugly Federal Buildings
Plus: House OKs bloated $1.4 trillion spending package, new Amash bills aim to protect asylum seekers and immigrant detainees, and more...
Former Judge Michael Luttig on Why the Pardon Power Does Not Encompass Self-Pardons
A pardon is something granted, like a gift, and it is presumed one cannot grant something to themselves.
What Does Trump's Post-Election Behavior Tell Us About American Politics?
Also: Thanksgiving tips and reasons for gratitude, from The Reason Roundtable
The Imperial Presidency Will Not End With Trump
"It's time that we start thinking about reining in the powers that we've let slip to this institution," says the Cato Institute's Gene Healy.
Will Biden Use the Broad Pandemic-Fighting Powers Originally Claimed by Trump?
Trump claimed the power to issue a national eviction moratorium during COVID. Could that pave the way for the mask mandates Biden clearly wants?
A Simple Way to Help Protect DACA Against Legal Challenges
President-elect Joe Biden has promised to fully reinstate DACA. But such a move will surely be challenged in court. Here's an easy way to reduce the risk that such challenges might succeed.
Trump Grants Clemency to 5 More Federal Prisoners
All five cases were recommended to the White House by commutation recipient Alice Marie Johnson.
Supreme Court Decides to Take a Border Wall Case
The implications of this move are as yet unclear.
Amy Coney Barrett's "Suspension and Delegation"
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
Trump Can End Census Now, Says Supreme Court in Ruling That Could Have Big Impact on House Seats
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
Ninth Circuit Rules Against Trump's Diversion of Military Construction Funds to Build his Border Wall
The divided 2-1 decision is the first court of appeals ruling to rule on the legality of a key part of the funding diversion effort.
COVID-19 Demonstrates the Need To Change Nuclear Weapon Launch Authority
Giving one man control of all nuclear weapons is a mistake.
Michigan Supreme Court Strikes Down Gov. Gretchen Whitmer's COVID-19 Executive Orders
Whitmer helped spark a national debate over the limits of executive power.
Federal Court Rules Against Trump's Work Visa Ban
The court concludes that the ban is illegal in large part because the broad authority claimed by the president violates the nondelegation doctrine.
What Happens if Trump Becomes too Incapacitated to Serve, Drops Out of the Election, or Both?
Some possible answers to these questions from leading experts on the subject.
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.
Rand Paul, Tulsi Gabbard, Thomas Massie, Ron Wyden Join Forces To Unplug the President's 'Internet Kill Switch'
Under the broad terms of a 1934 federal law, the president has the authority to seize emergency control of almost any electronic device in the country.
John Yoo: The Man Who Would Make the President King
The Trump presidency has been a stress test for maximalist theories of presidential power.
Biden and Trump Now Agree: The President Has No Authority To Impose a Nationwide Mask Mandate
If only that signaled a broader respect for legal limits on executive power.
Trump Administration Formally Bans TikTok, WeChat Apps From Online Stores in U.S.
There’s nothing good about censoring communication platforms citizens want to use.