Congress’s Personnel Power

8/22/17  //  In-Depth Analysis

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

Jon D. Michaels

UCLA School of Law

Congress’s Constitution, the President’s Politics?

8/22/17  //  In-Depth Analysis

By Julia Azari: 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?

Take Care

Congress's Constitution

8/21/17  //  In-Depth Analysis

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

Josh Chafetz

Cornell Law School

The Plaintiffs in CREW v. Trump Deserve To Have Their Claims Heard

8/14/17  //  In-Depth Analysis

Our amicus brief explains why the Justice Department’s jurisdictional arguments miss the mark

Daniel Hemel

University of Chicago Law School

Leah Litman

Michigan Law School

Versus Trump: Quick Hits

8/10/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, we bring you a quick-hitting episode with multiple Trump Nuggets about such topics as the nomination of a non-scientist to a "chief scientist" position, a defamation suit that alleges collusion between the White House and Fox News, and a misplaced "only" that could change the meaning of a bill. As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

8/7/17  //  In-Depth Analysis

The bills to protect the special counsel from removal have some rough spots that can and should be worked out.

Marty Lederman

Georgetown Law

A Little More on Alexander Hamilton and the Foreign Emoluments Clause

8/1/17  //  In-Depth Analysis

A trip to the National Archives turned up some fascinating evidence about Alexander Hamilton and foreign emoluments.

Brianne J. Gorod

Constitutional Accountability Center

The D.C. Circuit Breaks New Second Amendment Ground

7/27/17  //  In-Depth Analysis

A recent D.C. Circuit decision created—for the moment, at least—an arguable circuit split on a very important issue.

Joseph Blocher

Duke Law School

Treason and Cyberwarfare

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

Take Care

Trump, Pardons, and Guilt

7/25/17  //  In-Depth Analysis

By Mark Osler: Pardons by Trump would be a significant departure from what the pardon power has meant. Clemency is for the guilty, not the innocent.

Take Care

Undemocratic Pardoning

7/24/17  //  In-Depth Analysis

By Bernadette Meyler: History teaches that Trump should not be considering whether he possesses the power to pardon himself but rather what the consequences of employing that power would be.

Take Care

Russia and 'Enemies' under the Treason Clause

7/24/17  //  In-Depth Analysis

By Carlton Larson: If we use “treason” in a loose, rhetorical sense, it is plausible to claim that Trump, Jr., Kushner, Manafort and others committed treason by knowingly meeting with a Russian operative for the purpose of obtaining dirt on Hillary Clinton. But the argument fails as a legal matter.

Take Care

Note to President Trump: You Already Own It

7/20/17  //  In-Depth Analysis

President Trump owns any of the "Obamacare failure" he says will happen.

Michael C. Dorf

Cornell Law School

The Supreme Court’s Travel Ban

7/19/17  //  In-Depth Analysis

The Supreme Court is now a co-owner and co-author of the travel ban. That grows truer every time it tinkers with minutiae of this cruel, unjustified policy. And with that position comes major institutional risk to the Supreme Court’s public legitimacy.

How to Destabilize Insurance Markets Without Really Trying

7/18/17  //  In-Depth Analysis

The health care sharing ministry amendment is just one example of a seemingly innocuous provision that could have significant effects overall. Senators should pay attention.

Rachel Sachs

Washington University Law School