//  1/14/18  //  Latest Developments

Take Care is pleased to host a symposium on Constitutional CoupIn this important new book, Jon Michaels shows how separating the state from its public servants, practices, and institutions harms our Constitution, and threatens the stability of the Republic. Contributors will assess his analysis in light of developments under Trump. 

Here are the entries in the symposium:

You’re So Vain … You Probably Think This Book’s About You

Jon Michaels | 1/8/18

An introduction to this week's symposium on my new book, 'Constitutional Coup: Privatization’s Threat to the American Republic' 

Process Matters Too

Brianne Gorod | 1/9/18 

Trump is undermining the administrative separation of powers by circumventing the Senate’s advice-and-consent process in naming leaders of executive branch agencies

Bureaucratic Exit and Loyalty under Trump

Jennifer Nou | 1/9/18

Fostering a greater sense of bureaucratic loyalty will help to ensure that when the going gets tough, the tough don’t get going.

The Politics of Administrative Reform

Josh Chafetz | 1/10/18 

Michaels is absolutely right in his diagnosis of the current state of administrative governance. And his book could well prove an important step towards fixing it. But if that fix comes, it is far more likely to be primarily via those politicians than by the judges they appoint.

An Ode to the Career Bureaucracy

Rebecca Ingber | 1/10/18

It would be a delicious irony if the President’s attempts to circumvent the internal checks on his authority were ultimately to serve to revitalize the external constraints on presidential power, as has been a legacy of presidents past.

Let’s Not Make A Constitutional Case Out Of This

Ian Millhiser | 1/11/18

Is an administrative separation of powers mandated by the Constitution, as Michaels suggests that it is?

De-Privatizing Our Public Philosophy

Peter Shane | 1/11/18

Michaels understates the danger posed by a lack of social solidarity in America, a state of alienation Americans feel from one another that has been deliberately fed by right-wing politicians for at least the last four decades.

Privatization’s Other Frontiers

Kate Shaw | 1/12/18

We must also focus on ideological outsourcing and privatization by state governments

 


The DACA Decision is Trouble for Discrimination Law

6/24/20  //  Commentary

The Dreamers’ victory has been celebrated as a sign that the Court is above partisanship and willing to serve as a check on executive branch abuses. But the price of that victory was a defeat for the Constitution’s guarantee of equal protection.

Jessica Clarke

Vanderbilt Law School

Versus Trump: The Military in the U.S. and Proxy Voting in the House

6/7/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie take on two topics. First, what can the president legally do to use the military on American soil? Second, is it legal for the House of Representatives to vote by proxy, without being physically present in D.C., as alleged in a new lawsuit by House Republicans? Listen now!

Charlie Gerstein

Civil Rights Corps

The Fight for Contraceptive Coverage Rages in the Time of COVID-19

5/6/20  //  Commentary

Even the Supreme Court has been required to take unprecedented steps by closing the building, postponing argument dates, and converting to telephonic hearings. Those impacts should be reflected in all aspects of the Court’s work, including the decisions it renders for the remainder of this term.

Take Care