Executive Power
How the Supreme Court’s Conception of Its Role Contributes to the Deformation of the Constitution
This final blog post about the role of unstated legal ideas in deforming the Constitution involves a third unstated idea, beyond either the part played by the "three buckets" idea, combined with the "unitary…
US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs
NA Today, in the case of Atmus Filtration, Inc. v. United States, Judge Richard K. Eaton of the US Court of International Trade ordered the Trump Administration to refund all tariffs illegally collected by the Trump…
The “Unitary Executive” Theory’s Contribution to the Deformation of the Constitution
My first blog post set forth the implicit but widely accepted "three buckets" picture of the government's structure underlying the Supreme Court's separation of power cases, under which if a federal entity…
How Unstated Legal Ideas Have Deformed the Constitution
For several decades, we have been witnessing a Congress in long decline and a corresponding ascent of the President and the courts. I see this as a fundamental deformation of the Constitution—a deviation from its original and…
How Three Implicit Legal Ideas Have Sidelined Congress and Empowered the President and the Courts
Prof. Merrill is giving the Hallows Lecture at Marquette tonight on this subject, and I'm delighted to report that he'll also be guest-blogging on it here this week. Here's the abstract of the lecture: Why has…
An Unconstitutional War
Frame grab from an eight minute statement made by United States President Donald J Trump that was released via his X account concerning the United States attack on Iran, on Saturday, February 28, 2026. (@realDonaldTrump via…
Trump says justices catered to ‘radical left’ by ruling against his tariffs
During his State of the Union address on Tuesday, President Donald Trump described the Supreme Court's rejection of his "emergency" tariffs as a "very unfortunate ruling." That was mild compared to…
Society for the Rule of Law Podcast About the Tariff Decision.
NA I did a Society for the Rule of Law podcast about the Supreme Court's ruling in our tariff case. Greg Nunziata, Executive Director of the Society, interviewed me. We covered all major aspects of the decision, its…
Thoughts on the Potential Broader Significance of the Supreme Court’s Tariff Decision
Eddie Marshall | Midjourney How significant is the Supreme Court's decision striking down Trump's massive IEEPA tariffs in Learning Resources v. Trump? Only time will truly tell. It's often hard to fully…
Free nations don’t have to care about the whims of elected officials
The freer the nation, the less the public needs to care about anything that its leader might say or do. In freer nations, the leader's powers are strictly limited, and the citizens' rights are protected. Yet in…
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