//  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

 


Versus Trump: Can You Hear The Whistle Blowing?

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

The House Ways and Means Committee Has Standing to Seek Trump's Tax Returns

9/23/19  //  In-Depth Analysis

If the House Ways and Means Committee lacked Article III standing, then the House’s subpoena power would be gutted, and the Executive Branch could defy valid congressional process with impunity

Laurence H. Tribe

Harvard Law School

Joshua Matz

Publisher

SCOTUS Needs to Rein in Lower Courts Willing to Force Its Hand by Defying Its Precedent

9/19/19  //  In-Depth Analysis

By David Strauss: Ideological lower court judges have challenged the Supreme Court by defying its precedent. There is one way for the Court to keep from being put in this position time and again. It should summarily reverse, making clear that only the Court will decide when its own precedent is no longer good law.

Take Care