Executive


President Biden’s Departmentalism

President Biden’s Departmentalism

On Tuesday the Centers for Disease Control (CDC) (an executive agency)ย issued a new eviction moratorium, substantiallyย similarย to the one that expired last week.ย ย Previously, inย Alabama Association of Realtors v. DHHS, four Justices of the Supreme Court would have...
Textualism and War Powers

Textualism and War Powers

I have posted my articleย Textualism and War Powersย (University of Chicago Law Review, Vol. 69, No. 4, p. 1543, 2002) (96 pages) on SSRN.ย  It’s from quite a while back but I think it remains a significant contribution.ย  Here is the abstract: This Article explores...

They Should Just Scrap the Presidential Oath of Office

Why not just do away with the presidential oath of office? It’s nothing but a ceremonialist lie in modern times. The Presidential Oath is nothing but a ceremonial lie. We all know @JoeBiden is not going to "protect and defend" the...