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.”

 


There’s Unquestionably Standing in the CREW Case. Here’s Why.

4/19/17  //  In-Depth Analysis

The additional plaintiffs in the CREW case unquestionably have standing.

Jonathan Taylor

Gupta Wessler PLLC

The Blind Side In Trump’s War On The Administrative State

4/17/17  //  Commentary

Neomi Rao’s nomination to serve as Administrator of the Office of Information and Regulatory Affairs (OIRA) is part of Trump and Bannon’s war on the administrative state.

Leah Litman

U.C. Irvine School of Law

Ian Samuel

Harvard Law School

Trump and the Decline of the American Middle

4/14/17  //  Commentary

Do our constitutional arrangements predict just the kind of political failure that materialized in November 2016? If so, does that mean that the long-term remedy for that failure lies in constitutional reform? Does our constitutional fate determine our political fate?

Jamal Greene

Columbia Law School