Adjudication Outside Article III (part two)
Separation of Powers
Chuck Schumer's Trumpian Attack on the Supreme Court Threatens the Judicial Independence That Democrats Claim To Defend
The Senate minority leader threatened two justices by name, and then he lied about it.
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.
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
Republicans are setting a dangerous precedent they may come to regret the next time a Democrat occupies the White House.
The legal basis for such a ruling is hard to find.
An important development in the legal wrangling over the separation of powers.
The Supreme Court will consider a constitutional challenge to the composition of the Consumer Financial Protection Bureau.
Thirteen legal scholars weigh in, including the VC's Keith Whittington and myself.
Plus: FBI rebuked by FISA court, how Harris could come back, and more…
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.
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.
Top justice rules that trying to push a criminal case forward over prosecutors’ objections is a violation of separation of powers.
It's a win for Trump; but only on procedural grounds. The broader legal battle over the wall is far from over.
The senator and the president she wants to unseat are determined to have their way, regardless of what the law says.
The decisions expand on the same judge's earlier preliminary ruling holding that the president cannot reallocate military funds to build his border wall.
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.
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
Can the House of Representatives Continue a Prosecution That the Executive Branch Has Decided to Drop?
An interesting separation of powers question coming in the Female Genital Mutilation statute / Commerce Clause / Religious Freedom Restoration Act / Dawoodi Bohra litigation.
The first court decision on Trump's plan to reallocate federal funds to "build the wall" goes against the administration.
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.
"This isn't a partisan issue," the Utah senator says. "This is a constitutional issue."
My 2015 critique of Presidents Day is, if anything, even more relevant four years later.
Ben Sasse is Half-Right About Congress' Excessive Delegation of Power to the Executive and the Courts
He's right that Congress has delegated too much power, but wrong about the reason, which is not that Congress is afraid to legislate but that it legislates too much.
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
The attorney general pretends to discover that the controversial rifle accessories are already illegal.
Many people fear that John Bolton and Donald Trump might start an unnecessary war. But such fears would be unnecessary if Congress were to reclaims it power to initiate war.
Since the accessories are legal, Attorney General Jeff Sessions is helping the president rewrite the law.
The court concluded that the travel ban exceeds the scope of presidential authority and violates immigration laws enacted by Congress.
A prominent constitutional law scholar highlights the perils of wars waged without congressional authorization - a practice engaged in by Obama and now perpetuated by Trump.
He's more than happy to engage in power grabs when it helps his agenda.