The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
Separation of Powers
The 9th Circuit Considers Whether the DEA's Classification of Marijuana Violates Federalism and the Separation of Powers
The puzzle of marijuana's Schedule I status invites a reconsideration of the agency's vast discretion to decide which substances should be prohibited.
Empowered by Voters, Pennsylvania Legislators Are Poised To End the Governor's 15-Month COVID-19 Emergency
The resolution is part of a broader movement to rein in executive power during emergencies.
The Consumer Financial Protection Bureau claims to be enforcing a law that prohibits "false or misleading representations."
A federal appeals court rejects a highly implausible redefinition of machine guns.
The national eviction moratorium and Arizona’s business restrictions were based on dubious assertions of authority.
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
Current law can allow the president to route around Congress indefinitely.
Ted Cruz's Eagerness To Fight Trump's Legal Battles Epitomizes the GOP's Complete Lack of Principles
By his own account, the Texas senator is committed to defending a dishonest, amoral, narcissistic bully.
The senators warned that the Court might have to be "restructured" if it did not reach the conclusion they preferred in a Second Amendment case.
California's COVID-19 business closures have turned Ghost Golf into a shadow of its former self. Its owner is now suing the governor for the right to reopen.
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
If only that signaled a broader respect for legal limits on executive power.
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?
Supreme Court Rules Against Consumer Financial Protection Bureau, Says Agency's Format 'Clashes With Constitutional Structure'
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
The decision says the "unbridled and unfettered consolidation of authority in one unelected official" violates due process and the separation of powers.
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Wisconsin Supreme Court Says the State's COVID-19 Lockdown Violated the Rule of Law and the Separation of Powers
A seemingly arcane dispute about administrative law has profound implications for the limits of public health authority.
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.
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.
Plus: FBI rebuked by FISA court, how Harris could come back, and more…
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.
The senator and the president she wants to unseat are determined to have their way, regardless of what the law says.
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.
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."
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.
Since the accessories are legal, Attorney General Jeff Sessions is helping the president rewrite the law.