Daily Update | September 11, 2017

9/11/17  //  Daily Update

The University of California system, led by Janet Napolitano, has sued the Trump Administration regarding its appeal of DACA. The DOJ has filed an amicus brief in support of a Christian baker who refused to make a cake for a same-sex wedding. President Trump tweeted his support for churches seeking FEMA money after Hurricane Harvey.

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Conference on 'Populist Plutocrats: Lessons from Around the World'

9/6/17  //  Latest Developments

On September 23, Harvard Law School will host a one-day conference about populist plutocrats, a label many apply to President Trump.

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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

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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.

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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

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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

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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?

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Trump and North Korea: Where's Congress?

8/13/17  //  Commentary

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.

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The War on Transgender Soldiers Flies in the Face of the Facts

8/7/17  //  Commentary

By Ian W. Holloway & Jody L. Herman: As the Pentagon decides how to respond to Trump’s mandate, we urge that they consider our rigorous research and the lived experiences of transgender service members and their allies.

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All TC Analysis of Emoluments Issues & Cases

8/1/17  //  Latest Developments

Take Care presents an organized guide to our coverage of the Foreign and Domestic Emoluments Clauses.

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Daily Update | July 31, 2017

7/31/17  //  Daily Update

The EEOC and the DOJ have filed amicus briefs on opposite sides of a case on whether sexual orientation is protected under Title VII of the 1964 Civil Rights Act. In a speech at the Suffolk County Community College in Brentwood, President Trump vowed to end gang violence while also endorsing police brutality. A new Republican health care effort being led by Senator Lindsey Graham would block grant federal funding. Chief of Staff Reince Priebus has resigned and will be replaced by the Secretary of Homeland Security, John F. Kelly.

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Slavery and the Right to Travel Armed: A Short History Lesson

7/31/17  //  Commentary

By Saul Cornell: The opinion striking down D.C.'s gun law under the Second Amendment relies heavily on a selective culling of historical evidence—and a shocking ignorance of the most important facts about Anglo-American criminal law and its history.

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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?

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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.

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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.

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