Pelosi Wants Law Allowing Indictment of Presidents

A wrongheaded solution for a legitimate problem.

The US Nomination Process: Candidate over Party

In the US, the candidate defines the party, not the other way around.

Puerto Rico Has A New Governor. Maybe.

Embattled Governor Ricardo A. Rosselló has stepped down but succession issues surround the man who took the oath of office late yesterday.

RBG Speaks Out Against Court Packing Schemes

Ruth Bader Ginsburg isn’t very impressed by the proposals made by several liberal politicians lately to increase the size of the Supreme Court to counterbalance the conservative tilt created by the Gorsuch and Kavanaugh confirmations.

Supreme Court Backs Trump On Border Wall Funding, For Now

The Supreme Court handed the President a victory last night, ruling that the Plaintiffs in a lawsuit challenging his funding of the border wall did not have standing to challenge his diversion of Defense Department funds. This may only be a temporary victory, though.

John Paul Stevens, Former Supreme Court Justice, Dies At 99

Just over nine years after retiring from the Supreme Court, former Associate Justice John Paul Stevens has passed away at the age of 99.

Trump Emoluments Suit Dismissed Over Standing

A federal appeals court has ruled that DC and Maryland officials have no right to bring the suit.

Appeals Court Upholds Ruling Barring Emergency Funding For Trump’s Border Wall

Another court loss for Trump and his border wall.

No, the Supreme Court isn’t about to Stop Congress from Delegating to the Executive

A law professor reads too much into a cryptic concurrence.

Justin Amash Leaves GOP with BothSides Op-ed

The Republican Party is ruining the country. But so are the Democrats?

Trump Administration Stonewalls Another Congressional Committee

The President is once again claiming Executive Privilege to prevent Congress from getting access to certain documents.

Federal Judge Blocks House Lawsuit Over Border Wall Funding

A Federal Judge in Washington, D.C. dismissed a lawsuit against Trump “national emergency” to fund the border wall, but his ruling did not reach the merits of the lawsuit’s claim.

Judge Orders Halt To Trump’s ‘National Emergency’ Border Wall Funding

A Federal Judge has put at least a partial hold on President’s Trump’s effort to use a “national emergency” to fund his border wall.

Trump Wants End to National Injunctions from Lower Courts

A longstanding legal question may finally come to a head.

Trump Invokes Executive Privilege Over Release Of Full Mueller Report

In an effort to block the release of the full report of Special Counsel Robert Mueller, the Trump Administration is invoking Executive Privilege.

On Angels, Ambition, and Institutions

More Madisonian musing on the current state of our constitutional order.

Back to Ambition Countering Ambition

Back to Fed 51 and this moment in oversight: we have to remember what ambitions drive politicians.

Partisanship, Separation of Powers, and the Limits of Oversight

As I have noted before: party trumps institutional pride. The Barr testimony is just another example.

Trump Claims He’d Take Impeachment To The Supreme Court, But He Can’t

President Trump claims that he’d challenge any effort to impeach him in court, but the law makes clear that he can’t.

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House Sues To Stop Trump’s Emergency Declaration

The House of Representatives is asking a Federal Judge to block the President’s emergency declaration to fund his border wall.

An Impeachment Primer

In case anyone needs a refresher.

Trump’s Intellectuals?

A WaPo writer takes a round-about path to demonstrate the obvious.

Senate Appears Poised To Block Trump’s National Emergency

There appear to be enough votes in the Senate to pass the resolution disapproving President Trump’s border wall “emergency,” but there’s not enough Republican support to override an expected veto.

House Passes Bill To Block Trump’s Emergency, With Minimal GOP Support

The House of Representatives voted yesterday to block the President’s declaration of an “emergency” at the southern border. Now the matter goes to the Senate.

Republicans Face A Choice: Do They Support The Constitution, Or Trump?

Republicans face a choice in the coming days. Do they support the Constitution, or do they support Donald Trump? You can count on them making the wrong choice.

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Congress Poised to Block Trump’s Emergency Declaration

While not subject to filibuster, it’s still subject to Presidential veto.

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.

Sixteen States, Other Groups, Sue Trump Over Border Wall ‘National Emergency’

The lawsuits against President Trump’s “national emergency” have begun. Except more.

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 Declares ‘National Emergency’ At Border, Admits “I Didn’t Need To Do This”

President Trump declared a national emergency at the southern border while at the same time undercutting his own case for doing so.

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.

Lindsey Graham Warns Republicans To Back Trump On Emergency Declaration

Lindsey Graham is telling his fellow Republicans that they better back the President if he decides to declare a national emergency to get funding for his border wall.

A Question of Confidence

The Northam situation shows the rigidity of separation of powers systems.

Party Trumps Institutional Separation

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

Donald Trump v. The Federal Judiciary

President Trump’s latest attack on the Federal Judiciary prompted a rare rebuke from the Chief Justice of the United States.

Is Sean Hannity A Cable News Host Or A Trump Propagandist? Apparently, He’s Both.

When do we stop pretending that Fox News Channel is anything other than State Run Media for the Trump Administration?

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Cold Civil War or Civil Cold War?

The Kavanaugh fight is just another indicator of our national divide.

Regrets, Brett Has A Few, But Then Again Too Few To Mention

Brett Kavanaugh is expressing some regrets over his performance last Thursday, but it’s largely far too little, far too late.

Fixing Presidential Succession

We should take Congressional officers out of the line of succession.

Kavanaugh’s Second Day Of Questioning Was Bumpy, But Won’t Derail His Nomination

The second day of questioning for Judge Brett Kavanaugh was a bit rockier than the first, but nothing happened that seriously threatens his eventual confirmation.

Federal Judge Declines To Grant Texas Request To End DACA, For Now

A Federal Judge in Texas has declined to grant a request to bring the DACA program to an end, but its days appear to be numbered unless Congress acts.

Federal Appeals Court: Trump’s Crackdown On Sanctuary Cities Unconstitutional

A Federal Appeals Court has found that a Trump Administration policy purporting to punish so-called sanctuary cities is unconstitutional.

Senate Democrats Throwing In The Towel On Kavanaugh?

Senate Democrats appear to be recognizing that there’s basically nothing they can do to stop the confirmation of Judge Brett Kavanaugh to the Supreme Court.

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Outrage Over Minority Rule

There is a frustration and a growing sense that the American political system is illegitimate.

Madison, Will, and the Ambitions of the GOP

Madison was right about politicians and ambition. He just didn’t see the how it would all play out.

George Will: Vote Democrat in November

The dean of conservative columnists argues that the Republican Congress must be taught a lesson.

Trump Administration Joins State Effort To Undo DACA

The Federal Government is signing on to an effort by Texas and several other states to have the DACA program declared unlawful.

Federal Judge Strikes Down Trump Administration Policy On ‘Sanctuary Cities’

Another Federal Judge has held that the Trump Administration’s efforts to punish so-called ‘sanctuary cities’ violates both Federal law and the Constitution.

Texas And Six Other States Sue To End DACA Program

A new lawsuit seeks to have the 2012 DACA program declared unconstitutional.

Trump and Violating the Norms of Political Speech

An essay from earlier in the year by Jacob T. Levy underscores some of the points I recently tried to make about democratic norms in the current era.