Executive overreach
On fighting crime with the National Guard, Trump says, he can do ‘anything I want to do’
Testifying in favor of the National Firearms Act in 1934, Attorney General Homer S. Cummings readily conceded that the federal government had "no inherent police powers to go into certain localities and deal with local…
We don’t need more federal intervention in U.S. cities
President Donald Trump and Democratic Illinois Gov. J.B. Pritzker are undoubtedly enjoying the media spotlight accompanying their feud over possible deployment of federalized National Guard troops to Chicago after the…
9 years ago, Marco Rubio explained why Trump’s birthright citizenship order is unconstitutional
As a presidential candidate in 2016, Marco Rubio defended the conventional understanding of birthright citizenship, which contradicts the view embraced by the administration he currently serves as secretary of state. The…
Conservative Justices Wrestle with Distinction Between Presidential and Bureaucratic Authority
Justice Brett Kavanaugh may seem like part of the Supreme Court’s conservative wing—but in reality, he sits very near its center. In June, he joined a six-justice majority, including the three liberals, to uphold a federal…
Trump’s pen and phone are bigger even than FDR’s
On Monday, President Donald Trump signed executive orders federalizing law enforcement in the District of Columbia and lengthening the suspension of threatened tariffs on China by three months. They were the 187th and 188th…
Federal Circuit judges question Trump’s discovery of vast tariff powers
Half a century ago, according to the Trump administration, Congress enacted a law that gave the president sweeping authority to completely rewrite U.S. tariff schedules. But for some reason, no president took advantage of…
Trump’s invocation of emergency powers to impose tariffs faces skeptical judges
Everybody with a brain knows that tariffs are taxes. And they know that tariffs imposed on goods imported to the United States are largely paid by American businesses and consumers. The big question is whether tariffs…
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