The unauthorized attack on Syria shows Congress won’t enforce limits on the president’s military powers.
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.
A small-scale strike might be constitutional even without congressional support. But it is also likely to be useless, much like last year's missile strike turned out to be. Large-scale military action of the sort that could make a real difference, requires advance congressional authorization.
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
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.
The US Court of Appeals for the Fourth Circuit concluded that the ban violates the First Amendment because it is intended to discriminate against Muslims.
Trump's awful rhetoric is a menace to liberty - even when it does not lead to any immediate action.
Our institutions are strong enough to restrain a president, but they're also strong enough to empower him.
Some surprising insights and historical curiosities from past presidents at their one-year marks
The Court's decision to take the case is not surprising. It could potentially result in a very important decision addressing the scope of presidential power over immigration.
A year into Donald Trump's presidency, how are things going?
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.
Contrary to his reputation (and Twitter feed), the president has been selectively trimming executive power.
The ATF has no legal authority to restrict the controversial firearm accessory.
Corker is a longtime defender of American intervention and war in the Middle East, and now wants to supply billions in weapons to the Saudis and Ukraine.
The president did not need Venezuela and North Korea to make his order constitutional.
A Senate vote shows that even Trump critics are happy to let the president use the military as he pleases.
Scrapping DACA is a callous act that'll hurt the country.
Irrational, half-baked anti-terrorist policies are not necessarily unconstitutional.