This initiative might help restore congressional control over war authorization. But there is reason for skepticism that it will pan out.
Two district court decisions have upheld the moratorium against various challenges, while one has ruled against it. The legal battle may be just beginning.
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.
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.
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.
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
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 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.
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.
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.
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
A pardon is something granted, like a gift, and it is presumed one cannot grant something to themselves.
Also: Thanksgiving tips and reasons for gratitude, from The Reason Roundtable
Trump claimed the power to issue a national eviction moratorium during COVID. Could that pave the way for the mask mandates Biden clearly wants?
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.
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.
Giving one man control of all nuclear weapons is a mistake.
Whitmer helped spark a national debate over the limits of executive power.
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.
The Trump presidency has been a stress test for maximalist theories of presidential power.
If only that signaled a broader respect for legal limits on executive power.
There’s nothing good about censoring communication platforms citizens want to use.
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...
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
The Trump administration's new nationwide eviction moratorium provokes a backlash from some congressional Republicans.
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
"I know what moral panics look like; they look kind of like this."
Rejecting Biden's Threat of a Nationwide Mask Mandate, Trump Suddenly Respects Limits on Presidential Power
Both major parties defend the Constitution only when it's convenient.