Court Cases
Scholars’ Amicus Brief in the Tariff Cases
I joined this scholars’ amicus curiae brief in the tariff litigation, organized by Professor Sam Estreicher (NYU) and filed on Friday: Brief of Professors of Administrative Law, Separation of Powers, Foreign Relations Law, Legislation and the Regulatory State, and...
Supreme Court Power Grab! How Judges Stole Your Constitution
John Taylor smacked down Chief Justice John Marshall – who followed Alexander Hamilton’s playbook to twist the meaning of words – like the necessary and proper clause – to support a national bank. Taylor called it “construction,” and saw a...
Supreme Court (Mostly) Endorses the Unitary Executive
In a brief order in Trump v. Wilcox the Supreme Court (6-3) strongly indicated that the President has constitutional power to dismiss officers exercising significant executive power. From the unsigned opinion: The Government has applied for a stay of orders from the...
Marbury v. Madison Exposed: The Shocking Truth Behind Judicial Review
Almost everything in modern “constitutional law” is based on a myth that dates back to Chief Justice John Marshall and the 1803 case of Marbury v. Madison. According to the myth, Marshall not only CREATED the power of judicial review but also established...