Executive
Originalism, Nonoriginalism and Venezuela
From an originalist perspective, I think itโs clear that President Trump did not have the constitutional power to take the actions he took against the Maduro government in Venezuela. As argued at lengthย here, the Constitution allocates to Congress โ and by implication...
Unpacking the Presidential Appointments Lawsuit
The Supreme Court has concluded oral arguments inย Trump v. Slaughter. In that case, Rebecca Slaughter, a member of the Federal Trade Commission (FTC), is contesting President Donald Trumpโs effort to fire her before her seven-year term has run. The president counters...
A King in Camouflage
Last month, a headline stopped me cold: President Trump had mobilized the California National Guard over the objections of Governor Newsom – and then, federal Marines were being deployed to the streets of Los Angeles. I’ve lived through political theater...
Executive Precedent: From President to King
The power of the president has morphed from a restrained executive with limited power to an imperial king wielding nearly unlimited authority — not by coup but through the slow, steady creep of precedent. When talking about precedent, it’s usually in the...