Executive
More Hypocrisy from the “Enforce the Law” Crowd
Hypocrisy from Republicans, part 834,998: When Jeff Sessions was being pressured to back off on marijuana prohibition, he said – among other nonsense – his job is to “enforce the law.” And if you don’t like the law, get congress to...
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....
Can the President Pardon Himself?
Eric Muller (North Carolina) at The Faculty Lounge: Can Donald Trump “Grant” Himself a Pardon? I Doubt It. A nice argument (complete with graphs) that to “grant” is something you do to someone else, not to yourself. From the introduction:...
A 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: It’s worth, however, delving deeper into Scalia’s historical misunderstandings of “complete” executive control over...