//  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.


The Constitutionality of the 5-5-5 Supreme Court Plan

5/17/19  //  Commentary

It would be constitutional to have a 15-person Supreme Court consisting of five Republican-affiliated justices, five Democratic-affiliated Justices, and five more justices unanimously selected by the first ten from judges of the federal court of appeals for a single-year term

Daniel Epps

Washington University Law School

Ganesh Sitaraman

Vanderbilt Law School

When You Have Five, They Let You Do Whatever You Want

5/14/19  //  In-Depth Analysis

While several of the essays in the edited collection of Reproductive Rights And Justice Stories talk about social movements that have influenced the law, some recent events suggest we should have those discussions without losing our focus on courts themselves

Leah Litman

U.C. Irvine School of Law

Fiscal Hardball: House Democrats Need to Use Their Appropriation Authority to Reign in the Out-of-Control GOP

5/13/19  //  Commentary

By Eric J. Segall: The Democrats in Congress hold the power of the power of the pursue and they should use it to address norm breaking behavior by President Trump (and his GOP allies)

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