If only that signaled a broader respect for legal limits on executive power.
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.
Upcoming Virtual Event on "Crossing Borders, Breaking Borders: New Ideas About Migration, Secession, and Political Freedom"
The event is co-sponsored by the Indiana University Maurer School of Law, and the Law and Economics Center at George Mason University.
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.
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
New York City's primary election fiasco reveals gross incompetence rather than fraud.
A president from a party supposedly committed to restraining the federal government is now sending enforcers to cities over local objections.
Thanks to him, there will be no escaping accusations by the left that states' rights are merely a ruse to protect white power.
The ruling is at odds with decisions by four other circuits and could be headed to the Supreme Court - unless Biden wins the election and reverses administration policy.
Fifth and final post in a series based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
A Second Amendment hypocrite with a plan to undermine federalism
Audio of Federalist Society Teleforum on My Book "Free to Move: Foot Voting, Migration, and Political Freedom"
The event includes questions and commentary by Northwestern University law Professor John McGinnis
The Introduction summarizes the book's argument and provides an outline of the chapters that follow.
The ruling is yet another setback for the administration, though legal battles over sanctuary jurisdictions will continue.
It is now available for preorder, and will be delivered by June 23.
In this post, I link to their responses and offer a brief rejoinder to Waters.
The video was produced by the Institute for Humane Studies, and goes over some key themes of the book.
Trump's Threat to Withhold Federal Funds from States that Expand Voting By Mail Highlights Growing Menace to Federalism and Separation of Powers
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
Two Interviews About My New Book "Free to Move: Foot Voting, Migration, and Political Freedom" [Updated with Link to Audio of a Recent Radio Interview]
Videos of interviews by political commentator Amy Peikoff and immigration lawyer Nathan Brown.
The Limiting Principle for Congress' Power to Subpoena Presidential Records Isn't Hard to Find [Updated With Response to Josh Blackman]
Why the Supreme Court can rule in favor of Congress in the Trump financial records cases without thereby giving Congress any unlimited power.
The latest in a long series of setbacks to the adminstration's efforts to pressure sanctuary jurisdictions by attaching conditions to federal grants.
Varying state responses will provide the thing we need most right now: information.
Yes, the Reason Roundtable podcast has gone quarantine-crazy.
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
Kindle Edition of My Forthcoming Book "Free to Move: Foot Voting, Migration, and Political Freedom" Now Available
It's available for preorder now, and will be delivered on April 23
The article explains why the coronavirus crisis does not justify weakening constitutional limits on federal government power.
We may find that we like making our own decisions.
The president has a history of asserting powers he does not actually have.
Plus: Americans plan to stay home for months, courts block more abortion bans, Amash "looking closely" at presidential run, and more...
The president again insisted that the federal government can open the country by fiat. It cannot.
The president also cannot reopen the country whenever he pleases.
States have so far taken the lead in battling the coronavirus, and there is some merit to this decentralized approach, which fits the original meaning of the Constitution. But it also has flaws, and there is still a good chance the crisis will ultimately lead to an expansion of federal power.
The ruling is in line with numerous other court decisions on the same subject, but conflicts with an anomalous recent ruling by the Second Circuit.
The EPA has talked the talk of cooperative federalism, but it's not yet fully walking the walk.
The legal battle over immigration, federalism, and executive power heats up.
Lynchings are already illegal. But the law would give prosecutors more power—including what amounts to an expansion of the federal death penalty.
Trump Wins Second Circuit Case Against Sanctuary Cities, in Ruling that Goes Against Broad Consensus of other Court Decisions
The decision allows the Justice Department to impose immigration enforcement conditions on federal grants to state governments, and goes against numerous other court decisions striking down the exact same policy.