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Congress's Constitution

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

Cornell Law School

Trump and North Korea: Where's Congress?

Guest poster Eric Segall argues that Congress must act now to ensure that the President does not unilaterally commit an act of war without Congressional consent.

Take Care

Two Branches, Two Leaders, Two Speeches to Adolescent Boys

8/9/17 // Commentary

Contrasting Trump with a grownup professional human being reminds one that Trump does not merely give horrible speeches; he is a horrible person.

Michael C. Dorf

Cornell Law School

The Self-Pardon Question: What Comes Next?

7/27/17 // Commentary

By Jeffrey Crouch: Might Congress amend the Constitution to take the self-pardon question off the table permanently?

Take Care

The Hypocrisy of the 'Skinny' Repeal

7/27/17 // Commentary

The Republicans Themselves Said It Would be Disastrous

Abbe R. Gluck

Yale Law School

The Russia Sanctions Bill Is Unconstitutional – and Unnecessarily So

7/26/17 // Commentary

The bill to impose sanctions on Russia for meddling in the 2016 election is unconstitutional. And unnecessarily so.

Daniel Hemel

University of Chicago Law School

Due Process of Lawmaking and the Obamacare Repeal

7/25/17 // Commentary

By Abbe Gluck: This is repeal for repeal’s sake. It’s not about policy. It’s all about politics. And of course, it’s also about human lives.

Take Care

The One Question Worth Asking

7/25/17 // Commentary

Here's the most important question to ask about indictments, pardons and self-pardons, and obstruction of justice.

Daniel Hemel

University of Chicago Law School

Another Day, Another Smear By Trump

7/25/17 // Commentary

Democracy depends on good faith engagement and distinguishing “honest dissent” from “disloyal subversion.”

David Sklansky

Stanford Law School

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

Re-Privatizing The Military Would Be a Big Mistake

7/24/17 // Commentary

The decision to engage militarily should remain the hardest decision a president has to make.

Jon D. Michaels

UCLA School of Law

Can the President Pardon Himself? Well, He Can Try.

7/21/17 // Commentary

By Brian Kalt: Presidential pardons are an important part of our constitutional system of powers, checks, and balances. A self-pardon would test several others parts of that system. As interesting as that might be, here’s hoping that it never happens.

Take Care

What if Trump Fires Mueller or Starts Mass Pardons? It Would Backfire.

7/21/17 // Commentary

There are more and more signals that Trump is exploring firing Mueller and pardoning anyone and everyone in his circle. So what would happen next? Those moves would backfire spectacularly.

Jed Shugerman

Fordham Law School

Versus Trump: Versus Kobach

7/20/17 // Commentary

On this week’s episode of Versus Trump, we discuss the litigation against the newly-created Presidential Advisory Commission on Election Integrity, that has Kansas Secretary of State—and repeat defendant in voting rights litigation—Kris Kobach as its now-infamous Vice Chair. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP