Executive Power
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1989 to 2009
This is my seventh and final blog post addressing the fact that no president from 1881 to 2009 has acquiesced in the 90-year-old Supreme Court decision in Humphrey's Executor. These blog posts are prompted by a question…
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1969 to 1989
At oral argument in Trump v. Slaughter much discussion focused on the propriety of the Supreme Court today, in 2026, overturning a 90-year-old decision like Humphrey's Executor. In fact, as my immediately preceding blog…
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1945 to 1969
Fourteen men have served as President of the United States since Franklin D. Roosevelt left office, and almost all of them have been imperial presidents in the FDR mode. This is true of Presidents Truman, Eisenhower, Kennedy,…
What Kind of Immunity for ICE Agents?
Professor Michael Mannheimer (Northern Kentucky University) is the author of an important new article on "Unpacking Supremacy Clause Immunity." The issue of federal officer immunity from state prosecution is of…
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1933 to 1945
In three previous blog posts, I argued that every President from 1881 to 1933 had successfully defended the President's power to remove at will all officers exercising executive power and that no independent agencies in…
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1921 to 1933
In two previous blog posts, I argued that every President from 1881 to 1921 had successfully defended the President's power to remove at will all officers exercising executive power and that no independent agencies in…
3 SCOTUS cases to watch
Greetings and welcome to the latest edition of the Injustice System newsletter. You’re reading Injustice System from Damon Root and Reason. Get more of Damon’s commentary on constitutional law and American history. After a…
Why the DOJ has stopped describing Maduro as the head of a literal drug cartel
On the same day that U.S. forces invaded Venezuela to capture Nicolás Maduro, the Justice Department published a federal indictment that supposedly justified the operation. Like the 2020 indictment that federal prosecutors…
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1901 to 1921
In a previous blog post, I argued that every President from 1881 to 1901 had successfully defended the President's power to remove at will all officers exercising executive power and that no independent agencies in the…
Invading Venezuela for ‘law enforcement’ is an open-ended license for war
Venezuela is well rid of Nicolás Maduro, a corrupt, oppressive, and illegitimate leader who presided over that country's continuing decline after succeeding Hugo Chávez in 2013. And judging from what happened after the…
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