ACLU Files Lawsuit Against Trump Over ‘Emergency’ Declaration

The American Civil Liberties Union has joined the list of groups with lawsuits against the President’s declaration of a “national emergency” at the southern border.

Some Context for Presidential “Emergency Powers”

There is a bit of a disjuncture between the terminology and the reality (but that does not excuse Trump’s current actions).

Trump’s ‘National Emergency’ And The Law

President Trump’s impending decision to declare a national emergency to get funding for his border wall will quickly face serious legal challenges. It may be more vulnerable than the White House suspects.

Party Trumps Institutional Separation

Don’t expect the Congress (i.e., the Senate) to pull us out of this shutdown mess.

Using A ‘National Emergency’ To Build A Border Wall Would Be Illegal

President Trump is claiming that he could use authority to declare a “national emergency” to build his wall even if Congress doesn’t authorize it.

Democratic Senators Sue Matthew Whitaker, Asserting His Appointment Is Unconstitutional

Three Democratic Senators are suing the Acting Attorney General, asserting that his appointment was unconstitutional.

The Constitution And Trump’s Temporary Attorney General

President Trump’s selection to serve as Acting Attorney General does not appear to be Constitutionally authorized to serve in that position.

Democrats Grab Hold Of House, Republicans Make Gains In Senate In Mixed Results Midterm

As expected, the midterm elections ended up being a split result that gives Democrats and Republicans alike reason to celebrate.

An Unsurprising, yet Disturbing, Headline

On Trump’s anger.

The Incoherent Nature of Nancy MacLean’s Narrative

A Duke history professor uncovers “stealth plan” by “fifth columnists” who are seeking to overthrow democracy in the U.S. for their plutocrat masters.

Changes in Turkey

By a narrow margin, Turks voted for some significant changes.

Do Presidential Pardons Still Make Sense?

Obama has issued more commutations than all his predecessors combined. He set the single-day record Monday.

The Third And Thankfully Last Presidential Debate of 2016

Last night’s debate, sadly, lived down to my expectations.

Democracy, Demagogues, and Populist Pandering

The rise of Trump and Sanders has resurrected a debate as old as Western civilization.

Turkish Governing Party Loses Parliamentary Majority In Elections

Turkey’s governing party suffered big setbacks at the ballot box yesterday.

Lindsey Graham Wants To Kill Americans Without Inconvenience of Trial

Lindsey Graham says that, if elected president, he would summarily kill anyone thinking about joining ISIS.

Torture Report’s Long Shadow

What now?

DOJ Finds President Lacks Authority to Take Action He Took Next Day

The Office of Legal Counsel told the president Wednesday he couldn’t do what he did on Thursday.

Should Obama Have Acted on Immigration Before the Midterms?

Dana Milbank (“Obama’s big immigration mistake”) thinks so.

Should Lawmaking Be Left to Congress?

Should the Legislature take back legislating from the Executive?

‘Open and Free’ Compared to What?

The “open and free” Internet is an ideal type, not a myth.

Today in Circular Reasoning

Back to the Ten Commandments and Alabama politics.

Obama Secretly Backing Warren Over Clinton, Declares Lying Hack

Ed Klein says he has “Democrat sources” who Obama wants Warren to continue his mission to “transform America into a European-style democratic-socialist state.”

Unanimous SCOTUS Decisions Do Not Mean The Losing Side’s Arguments Were ‘Extreme’

We’ve seen a notable number of 9-0 Supreme Court decisions this term, but that doesn’t mean that the side that lost was making an extreme or meritless argument.

Obama’s Kill Rules Keeping Obama From Killing

President Obama’s new rules for killing Americans with drones are proving inconvenient.

Despite Gridlock, Americans Prefer Divided Government To One-Party Rule

Divided government is the worst political system ever, except for all the others.

Brits v. the Yanks

An Example of How Institutions Matter.

Military Coup Underway In Egypt [Update: Morsi Deposed]

if reports are to be believed, there is a coup d’etat underway in Egypt.

Turkey On The Brink?

Has the Arab Spring come to Turkey?

Just Say No To Special Prosecutors

Republicans should reject the calls to call for a Special Prosecutor to investigate the unfolding scandals in Washington.

952 Days Since Congress Passed Major Law

t’s been more than two-and-a half years since the United States passed major legislation.

Presidential Killing Powers Need Checks and Balances

“Killing Americans,” my latest for The National Interest, has posted.

The Mandate Myth

Elections put the players in office. They don’t dictate the outcome of the game.

There’s No Good Reason To Get Rid Of The Electoral College

The arguments in favor of major changes in the way we elect our President are unpersuasive.

The Democratic Party Joins The GOP In Abandoning Civil Liberties

Based on its recently passed platform, the Democratic Party has given up any pretense of putting civil liberties ahead of “national security.”

Ambition v. Ambition

Issa, Holder, and a little Madison.

More on the Federalist Papers as the Rosetta Stone for the Constitution

There are a number of problems with the notion that the Federalist Papers provide a perfect guide to the Constitution.

What Should Americans Know About American Government?

What walking around knowledge about our political system is necessary to be an informed citizen?

ObamaCare Goes Before The Supreme Court: A Preview

Starting tomorrow morning, the Supreme Court dives into the most significant case that has been before it in many years.

Republican Candidates Love The Imperial Presidency

Not surprisingly, most of the Republican candidates for President aren’t too keen on reducing the excessive growth in Executive Branch power.

The Death Of Anwar Al-Awlaki And The Imperial Presidency

Giving the President the unchecked power to kill American citizens raises some serious red flags.

When Can a President Order an American Killed?

My latest for The Atlantic, “The Thorniest Question: When Can a President Order an American Killed?” has been posted.

Madison, the Philadelphia Convention, and Presidentialism

The US came a lot closer to something resembling a parliamentary system than most people think.

The Genius of Mitch McConnell

The Senate Republican leader is running a shrewd political game. But what’s good for the GOP is bad for America.

The Unconstitutional Constitution

While the Constitutionality of the War Powers Act is indeed dubious, the fact that it was passed over Nixon’s veto isn’t the reason.

CA Controller to Withhold Pay of Legislators over Budget

CA’s budget battles continue.

Obama Overruled Lawyers on Libya

President Obama overruled his top legal advisors in deciding that the Libya operation does not amount to “hostilities” under the War Powers Act.

Congress vs. Obama on Libya

The War Powers Act’s 90 day limit is in sight. Will Congress force the president’s hand?