Determined To Avoid Presidential Paralysis, SCOTUS Endorses Presidential Impunity
We need not conjure "extreme hypotheticals" to understand the danger posed by an "energetic executive" who feels free to flout the law.
Executive overreach
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Liberals in Biden Panic Mode Should Learn To Love Limits on Executive Power
The Supreme Court's recent rulings limiting the powers of the administrative state are a blessing for liberals who might not control the White House for much longer.
Biden Reportedly Is Planning To Unilaterally Mandate Background Checks for All Gun Sales
A watchdog group cites ATF "whistleblowers" who describe a proposed policy that would be plainly inconsistent with federal law.
What Elizabeth Warren's Fear of a 'Sandwich Shop Monopoly' Reveals About Democrats' Priorities
Should a federal government that is nearly $34 trillion in debt and can't manage basic operations be micromanaging fast-food business purchases?
The Supreme Court Should Not Let Bureaucrats Invent Crimes by Rewriting the Law
The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons.
New Mexico Gov. Michelle Lujan Grisham's Unconstitutional Gun Edict Was a Huge, Bipartisan Flop
The governor's attempt to rule by decree provoked widespread condemnation instead of the applause she was expecting.
A Blatantly Unconstitutional Gun Edict Highlights the Hazards of Emergency Powers
New Mexico Gov. Michelle Lujan Grisham thinks violent crime gives her a license to rule by decree.
The Sticky Spaghetti School of Constitutional Law
Politicians are throwing laws at the wall and seeing what sticks.
The NATO Treaty Does Not Supersede the Constitution
A group of senators is challenging the conventional interpretation of Article 5's an-attack-on-one-is-an-attack-on-all provision.
Congress Warned About Abuses of Presidential Emergency Powers
Legislators from both parties worry about unilateral power, but they use it when it’s convenient.
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Trump's Disregard for the Rule of Law Is at Least As Bad As Biden's
The former president reminds us that claiming unbridled executive power is a bipartisan tendency.
Biden's Plan To Unilaterally Expand Background Checks for Gun Buyers Is Legally and Logically Dubious
The president wants to redefine federally licensed gun dealers in service of an ineffective anti-crime strategy.
Biden's Attack on 'Ghost Guns' Fits a Pattern of Lawless Firearm Regulation
The president and his predecessor both tried to impose gun control by executive fiat.
Biden Promised a Return to 'Rule of Law' Governance. His Record Says Differently.
Like his predecessors, the current president ignores the law when it suits him.
This Congressman Wants the U.S. To Use Military Force Against Mexican Cartels
Like other authorizations for the use of military force—or AUMFs—it would be an unnecessary, unwise expansion of executive power.
The 5th Circuit Says the ATF Exceeded Its Legal Authority When It Banned Bump Stocks
The decision defends the separation of powers and the rule of law against an attempt to prohibit firearm accessories by administrative fiat.
Supreme Court to Hear Student Loan Forgiveness Case
The justices refuse to vacate the injunction against President Biden's student loan forgiveness policy, but accept certiorari.
U.S. Court of Appeals for the Eighth Circuit Enjoins Biden Student Loan Forgiveness Plan
A federal appeals court has entered a nationwide injunction pending appeal in Missouri's lawsuit against President Biden's student loan forgiveness policy.
Biden Administration to Require Federal Contractors to Report and Reduce Greenhouse Gas Emissions
A new proposed regulation may test the limits of the Executive Branch's authority to impose regulatory requirements on federal contractors.
Air Force One Cost Overruns Are a Reminder of How Expensive an Imperial Presidency Can Be
Boeing reports that the two new presidential shuttles its building will now be $2 billion over budget.
Biden Mistakenly Imagines That Congress Approved His Student Debt Cancellation Scheme
The lack of statutory authority is the main issue raised by legal challenges to the plan.
After 975 Days, Washington's Governor Will Finally Relinquish His Emergency Pandemic Powers
Gov. Jay Inslee says Washington state's COVID-19 emergency will finally come to an end on October 31.
The Student Loan Forgiveness Fiasco
Plus: Spider study sheds light on how misinformation spreads, Airbnb regulation ruled unconstitutional, and more...
D.C. Circuit Upholds the Bump Stock Ban, Saying It Is Consistent With the 'Best Interpretation' of the Law
It is hard to see how, given the contortions required to deliver the unilateral prohibition that Donald Trump demanded.
The 5th Circuit Considers Whether the Trump Administration Was Legally Authorized To Ban Bump Stocks
Regulators imposed the ban based on a highly implausible and counterintuitive reading of federal law.
If You Care About Democracy, Don't Ask Biden To Invoke Emergency Powers
Implementing policy is supposed to be difficult given that it could affect millions of people’s lives.
The Defense Production Act Has Become a License for Central Planning
If home insulation is a "critical technology item essential to the national defense," then what isn't?
Today Marks 80 Years Since Congress Last Bothered To Declare a War
Presidents once treated congressional authorization as a requirement for the U.S. to enter conflicts. What went wrong?
Starbucks Rescinds Employee COVID-19 Vaccine Mandate
Starbucks has decided the vaccine mandate isn't good for their business
De Blasio's New York Shouldn't Treat Unvaccinated Kids as Second-Class Citizens
Requiring kids as young as 5 to either get vaccinated or stay home is not as smart or as necessary as de Blasio claims.
Biden's Vaccine Mandate Is the Latest Sign of the Presidency Becoming a Monarchy
The presidency has always been inclined to unilateral power—and many Americans like it that way.
Where Does Biden Get the Authority To Mandate Vaccination?
Emergency OSHA rules are frequently struck down by courts.
Two Big New Ways the Biden Administration Plans To Overstep Its Pandemic Authority
Plus: The vaccine and abortion debates, a promising jobs report, and more...
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
Gov. Gavin Newsom Clings to COVID-19 Emergency Powers
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
Pennsylvanians Voted To Limit Their Governor's Emergency Powers
Voters in Pittsburgh banned no-knock police raids and solitary confinement too.
COVID-19 Is Leading State Lawmakers To Finally Restrain Governors' Emergency Powers
Even during a pandemic, major changes to laws and policies should be funneled through state assemblies.
The CDC Keeps Extending Its Illegal Eviction Ban
The agency will be extending its controversial eviction moratorium through the end of June.
Biden's Orders Continue the Presidency's Slide Toward Elective Monarchy
If the refusal of lawmakers to enact a president's policies is justification for unilateral executive action, then a slide toward elective monarchy is inevitable.
Will President Biden Have Greater Control Over Independent Agencies than His Predecessors?
A newly released OLC opinion asserts the White House can require independent agencies to comply with Executive Orders on regulatory review.
Biden Acknowledges Constitutional Limits to the Power of the Presidency
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Trump Outlaws Ugly Federal Buildings
Plus: House OKs bloated $1.4 trillion spending package, new Amash bills aim to protect asylum seekers and immigrant detainees, and more...
More Cops Say They Won't Enforce Coronavirus Curfews
Plus: Biden definitely wins Georgia, Alaskans approve ranked-choice voting, Facebook faces next antitrust lawsuit, and more...
Biden and Trump Now Agree: The President Has No Authority To Impose a Nationwide Mask Mandate
If only that signaled a broader respect for legal limits on executive power.
The Messy TikTok Sale Is What Happens When Governments Get Involved in Social Media
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
Court Thwarts Trump's Attempt To Exclude Undocumented Immigrants From Census
Plus: Raleigh cop uses fake evidence in drug cases, caution on CDC study linking restaurants to COVID-19 cases, and more...
