//  8/25/17  //  Latest Developments

Take Care is pleased to host a symposium on Congress's Constitutionan important new book by Josh Chafetz. Contributors will assess Congress's role in the separation of powers, with a focus on developments thus far under President Trump. 

Chafetz Book

This page will be updated as new contributions are published. 

Congress's Constitution

Josh Chafetz | 8/21/17

An introduction to the Take Care symposium on my new book, Congress's Constitution 

Congress’s Constitution, the President’s Politics?

Julia Azari | 8/22/17 

Is Congress doomed to react to Trump, and to wallow in the political discourse he has created like a toddler in a soiled diaper? Or can members of Congress create their own counter-narratives about the meaning and stakes of policy and process?

Congress’s Personnel Power

Jon D. Michaels | 8/22/17

Congress should engender a robust administrative separation of powers, ensuring that a forceful bureaucracy (and an engaged public) can advance congressional priorities and check those of the President

Chafetz and the Separation of Powers

Victoria Nourse | 8/23/17

It is one of the great paradoxes of American life that Americans love democracy but hate their most democratic institution, the Congress—that is, until they need Congress to fight a rogue President

Congress’s Rhetoric

Kate Shaw | 8/23/17

Congress must find new opportunities for successful engagement with the public, by both individual members and the body as a whole

Encouraging Legislative Expertise-Forcing

Bijal Shah | 8/24/17 

A promising way for Congress to check the Executive, as well as to enhance its own efficacy and public standing, is by promoting expertise in the executive branch

Law, Politics, and Interbranch Conflict

Zachary Price | 8/24/17

By demonstrating the dangers of vesting so much power in one individual, will Trump bring about a revitalization of Congress and a corresponding diminution of the Presidency?

The Faces of Congressional Power

Mark Graber | 8/25/17  

Congress has considerable tools to influence public policy. How effectively Congress may use those tools depends in part on the skill with which they are exercised, but also on more durable features of the times in which they are exercised.

The Constitution of Talk

David Fontana | 8/25/17 

There needs to be a separation of microphones just as much as a separation of powers, and Congress does not understand the microphone that 2017 requires.

Congress’s Constitution, Redux

Josh Chafetz | 8/28/17

Here I respond to insightful comments on Congress's Constitution.


A Tainting of Judicial Independence

10/8/18  //  In-Depth Analysis

Kavanaugh's potential perjury means that his seat on the Court may depend on continuing Republican control in Congress. This is plainly inconsistent with any account of judicial independence.

Tom Ginsburg

University of Chicago Law School

Aziz Huq

University of Chicago Law School

The 'All of the Above' Approach to Justice Kavanaugh

10/7/18  //  In-Depth Analysis

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

Michael C. Dorf

Cornell Law School

The Vicious Entrenchment Circle: Thoughts on a Lifetime with a Republican-Controlled Court

10/7/18  //  In-Depth Analysis

By the time the Supreme Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control, even though Democrats have won a majority or plurality of the popular vote in seven of the twelve elections in that period.

Marty Lederman

Georgetown Law