The President, The Take Care Clause and Obamacare
In the New York Times, Nicholas Bagley & Abbe R. Gluck: Trump’s Sabotage of Obamacare Is Illegal: A president doesn’t have the right to dispense with laws he dislikes. From the introduction: From the moment he took office, President Trump has used all aspects of...
Impeachment: What Did the Founders Mean By “High Misdemeanors?”
The Constitution states “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” It is clear officers can be impeached and...
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...