Take Care  //  3/16/17  //  Commentary


Article II, Section 3 of the United States Constitution commands that the President "shall take Care that the laws be faithfully executed."  As Justice Robert Jackson famously explained, this clause signifies that "ours is a government of laws, not of men, and that we submit ourselves to rulers only if under rules.”

Take Care is a new collaborative blog that will provide insightful, accessible, and timely analysis of whether the President is adhering to legal limits on his authority.  That question looms large under President Donald J. Trump, who has besieged the rule of law and shown little respect for constitutional values.  Indeed, within mere months of inauguration, he has already embraced policies that raise profound questions about individual rights, the structure of government, conflicts of interest, and the foundations of our democratic society.  The legal and cultural struggle over these policies will persist for years to come.   

Our contributors include many preeminent legal authorities, as well as rising stars within the profession.  While contributors may disagree on particular issues, they stand united in their desire to protect and defend the rule of law in America.

That undertaking depends in no small part on public understanding of major legal questions.  For months, the American public has been drinking from a fire hose, trying to comprehend the full scope of developments unfolding around them.  Take Care will be a resource for anyone—lawyers, journalists, policymakers, and concerned citizens—looking to understand a wide range of legal issues under President Trump.  Whether widely known or absurdly arcane, many of these rules define the way we live.

This site will gather, curate, organize, and archive thoughtful legal writing about the Trump Administration.  From the very beginning, you'll find:

  •       A daily update that will get you up to speed on the latest legal analyses from around the web
  •       A host of ever-growing topic pages that shed light on cutting-edge legal issues and will soon encompass a veritable arsenal of ideas, insights, and analyses relevant to major Trump policies.
  •       Quick reactions, commentary, and in-depth analysis from our contributors, many of whom are actively engaged in the most important legal battles already underway

In addition, we are hard at work on several other exciting projects, which we will unveil in the coming months.

Ultimately, we seek to break new ground and educate the public about significant legal questions in the Age of Trump.  In these extraordinary times, we must all play our part in ensuring the President “shall take Care that the Laws be faithfully executed.”

 


The Constitutional Challenge To The CFPB

5/19/17  //  Commentary

The major constitutional challenge to the Consumer Financial Protection Bureau rests on the claim that the President of the United States does not have enough power over the agency.

Leah Litman

U.C. Irvine School of Law

Yesterday's Other Story: Republican Knowledge of Russian Interference?

5/18/17  //  Commentary

Yesterday, a Washington Post story indicated that Republican House leadership may have known that Russia had hacked the DNC and was delivering the contents of the hack to the Trump campaign.

Leah Litman

U.C. Irvine School of Law

Rights, Powers, Duties, and Responsibilities: A Comment on the Language of Presidential Compliance with the Law

5/18/17  //  Commentary

No, the President cannot act for any reason. If President Trump fired Comey in an attempt to obstruct an investigation into the Russian connection, that too would constitute an impeachable offense and a federal crime.

Ira C. Lupu

George Washington University Law School