As Madison quoted Montesquieu in Federalist 47, “When the legislative and executive powers are united in the same person or body, there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws to execute them in a tyrannical manner.”Details
Here is a speech I recently gave at the Minnesota Tea Party Alliance’s quarterly event. The topic was “Powers of the President,” where I compared the original constitutional understanding of the executive with the behavior of modern presidents. Spoiler Alert: there is a stark contrast between the two.Details
For a guy who is willing to – with a unilateral stroke of his pen from his own desk – change definitions to ban what used to be legal, give legal status to people who didn’t have it, and even increase taxes….
The idea that Barack Obama can’t move people out of Gitmo because “Congress won’t fund it” is laughable.
As has been widely reported, House Speaker John Boehner has invited Israel’s Prime Minister Netanyahu to address the U.S. Congress. If Congress does host the speech, would it be unconstitutional? Peter Spiro at Opinio Juris suggests that it would. I agree.Details
A bill prefiled for introduction in the Missouri State House for 2015 could effectively nullify federal executive orders signed into existence by the President. House Bill 255 (HB255), by State Rep. Tim Remole (R-Excello), seeks to rebuke what is seen by many as federal lawlessness from the executive branch. The full text of the bill is as follows: Any…Details
once ago, the notion of a “great leader” was a considered suspect. In fact, quite the contrary existed; people looked at the Executive branch as being a limited and rather negligible role.Details
Although in the Federalist Papers James Madison urged ratification of the U.S. constitution, he was also concerned about things it left undone. He thought that many of his contemporaries were too focused on the threats posed by the executive branch, which he thought understandable given the fact that they had just fought a revolutionary war against…Details
the President has very broad power to make political commitments regarding climate change, but very narrow power to make binding commitments as a matter of international law and no power at all to alter U.S. domestic law.Details
Throughout American history, presidents have abused and used a power not delegated to them to create and pass “laws” through executive orders. Historically speaking, executive orders were meant only tell departments, under the president, how to execute or enforce laws. Now executive orders are used as a way to bypass Congress.Details
I can accept, as an original matter, the general proposition that the “Case or Controversy” language means at minimum that everyone can’t sue everyone for everything. How modern standing law derives its particular intricacies from this basic proposition is a mystery to me. But that doesn’t matter in this case, which seems fundamentally about an abstract injury common to everyone.Details