//  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.


How Does The House Decide To Sue?

1/3/20  //  In-Depth Analysis

Since 2015, lawsuits by the House of Representatives have been authorized not by a vote of the full House but by majority of a standing, 5-member committee. Is this structure constitutional?

Impeachment Trials and the Senator’s Oath of Impartial Justice

12/19/19  //  Commentary

Senators who vote on removal following impeachment trials must take an oath akin to that of a juror. The oath requires them to be impartial and vote regardless of the president's party affiliation. Will Senators do that here?

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The Contempt of William G. Barr

11/22/19  //  Commentary

Attorney General Barr recently said that "the Left that is engaged in the systematic shredding of norms and the undermining of the rule of law." Barr's outright partisanship relies on misunderstandings of history and a misguided view of the role of the attorney general.

Peter M. Shane

Ohio State, Moritz College of Law