More Hypocrisy from the “Enforce the Law” Crowd
They claim the feds have to “enforce the law” unless it’s a policy they don’t support.
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Constitutionally the President Can’t Make “Executive Agreements” with Other Countries
Pres. Donald Trump and North Korean leader Kim Jong Un reached a preliminary agreement to “denuclearize the Korean peninsula” during a historic summit in Singapore. But pundits and talking heads have missed a crucial fact in the midst of all the analysis. The president cannot constitutionally make any kind of legally-binding agreement without the advice and consent of the Senate.
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Can the President Pardon Himself?
it would be different if the framers had used different language — e.g., “The President may pardon offenses.” But that’s not the language, and a textualist/originalist should take the language seriously.
DetailsA Response to Jed Shugerman on the Unitary Executive
In a post at Slate, Professor Jed Shugerman (Fordham) challenged the historical foundations of Justice Scalia’s dissent in Morrison v. Olson:
DetailsExecutive Discretion and the Iran Deal
A presidential policy (which is what the deal is) is just a policy. It isn’t, and constitutionally cannot be, a law.
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The President and Obstruction of Justice (Again)
In the New York Times, Saikrishna Prakash and John Yoo: Don’t Prosecute Trump. Impeach Him. As to prosecution, they argue: The Constitution imposes on the president the duty to “take care that the laws be faithfully executed,” which vests the authority to oversee all federal law enforcement. As Alexander Hamilton observed in Federalist 70, “good government”…
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War isn’t an Executive Decision under the Constitution
Constitutionally, war and peace aren’t the president’s decision.
DetailsSome Presidential Actions are “Unreviewable?”
I haven’t gotten too involved in the so-called “travel ban” executive order – as TAC has been up to our ears in our work on other projects. However, I was just reading the Ninth Circuit’s order affirming the temporary restraining order and was struck – dead in my tracks – by this:
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Sliding into the Abyss of Despotism
The exercise of broad executive powers have been pushing the United States into the abyss of despotism for decades.
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