Trump Can’t Revoke DACA Without Going Through Notice and Comment

9/5/17  //  In-Depth Analysis

Dreamers should invoke administrative law to block Trump's DACA decision

Daniel Hemel

University of Chicago Law School

Trump’s Trans Ban Isn’t 'Frozen'

8/30/17  //  Commentary

It’s time to stop pretending the Executive Branch is going to check Donald Trump.

Eli Savit

University of Michigan Law School

Trump, Arpaio, and the Danger of Politicizing DOJ

8/29/17  //  In-Depth Analysis

Trump asked if DOJ could drop the case against Arpaio. Such interference with prosecutive decisions threatens the legitimacy of the Justice Department.

Chiraag Bains

Harvard Law School

The Problem(s) With The Arpaio Pardon

8/29/17  //  Commentary

Like so much of what Trump has done, the Arpaio pardon raises multiple challenges to our constitutional system.

Leah Litman

Michigan Law School

Congress’s Constitution, Redux

8/28/17  //  In-Depth Analysis

Here I respond to insightful comments on Congress's Constitution.

Josh Chafetz

Cornell Law School

Symposium on Congress's Constitution

8/25/17  //  Latest Developments

Take Care is pleased to host a symposium on Congress's Constitution—an important new book by Josh Chafetz

Take Care

The Faces of Congressional Power

8/25/17  //  In-Depth Analysis

By Mark Graber: 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.

Take Care

The Constitution of Talk

8/25/17  //  In-Depth Analysis

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.

David Fontana

George Washington University Law School

Versus Trump: Trump vs. The CFPB

8/24/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Encouraging Legislative Expertise-Forcing

8/24/17  //  In-Depth Analysis

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

Bijal Shah

Sandra Day O’Connor College of Law

Law, Politics, and Interbranch Conflict

8/24/17  //  In-Depth Analysis

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?

Zachary Price

U.C. Hastings College of the Law

Chafetz and the Separation of Powers

8/23/17  //  In-Depth Analysis

By Victoria Nourse: 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

Take Care

Congress’s Rhetoric

8/23/17  //  In-Depth Analysis

By Kate Shaw: Congress must find new opportunities for successful engagement with the public, by both individual members and the body as a whole

Take Care

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