Category Archives: Executive Power

The Coming Presidential Tyranny: Maybe Trump, Maybe Later, but Coming Ever Closer

This screed is a response to a friend’s Facebook post. He linked to the article The Republic Conquered: On America Entering the Post-Democratic Era, with a warning to conservatives to set down their coffee while reading it “unless you enjoy … Continue reading

Posted in Executive Power, Politics in General | Tagged , , , , , , , | 8 Comments

Could a Unicameral Congress Better Rein in Presidential Power?

Kevin Flohe asks, “Do you think a unicameral legislature would be more or less effective at reining in executive power?” Sorry, Kevin, but it’s a long answer. That’s why I moved it to the blog. TL/DR version: At the margin, … Continue reading

Posted in Executive Power | Tagged , , | 4 Comments

Wrong, Do It Again!

And today, the only possible agent of political reform is the President. Lawrence Lessig, explaining why he ran for president, and reminding me yet again that most lawyers are lousy political scientists.

Posted in Executive Power | Tagged , ,

Trump’s Democrats

[cross-posted at Hit Coffee] While many Democrats are eager to deny that Trump is drawing support from their party, the data show a different story. That data also reveals the falsity of the pretense that Republican party leaders could somehow … Continue reading

Posted in Executive Power, The Democratic Process | Tagged , , , , , , , , , ,

Open Secrecy

The White House web site hosts a memorandum on “Transparency and Open Government,” from President Barack Obama to the heads of executive branch departments and agencies. It begins: My Administration is committed to creating an unprecedented level of openness in … Continue reading

Posted in Executive Power | Tagged , , , , | 4 Comments

Congressional Abdication

My regular readers (assuming it’s possible to be a “regular” reader of such an irregular blog) know my concern about the expansion of executive power in the U.S. I see evidence all around, which suggests either that I’m right or … Continue reading

Posted in Executive Power | Tagged , , , | 14 Comments

DOJ and DOE(ducation) Ignore the Supreme Court

It’s no secret to followers of either constitutional law or bureaucratic politics that our executive branch agencies often try to effectively rewrite the law through their own administrative rule-making and definition of terms. It’s troublesome enough when they try to … Continue reading

Posted in Executive Power, Laws-Damned Laws-and Statists | Tagged , , , , , , , , | 6 Comments

The First Victory Against the NDAA

On Wednesday, Judge Katherine Forrest of the U.S. District Court for the District of Southern New York issued a permanent injunction against the National Defense Authorization Act’s provisions allowing the executive branch to indefinitely detain U.S. citizens, without access to … Continue reading

Posted in Executive Power | Tagged , , ,

Anwar al-Awlaki is Dead, and So Is the Constitution

It’s hard for me to clearly express my anger over the killing of Anwar al-Awlaki. There’s a discussion at the League about it, with Jason Kuznicki calling it “something to go Galt about” and some others arguing that it’s ok … Continue reading

Posted in Executive Power | Tagged , , | 12 Comments

The 14th Amendment and the Debt Ceiling

Desperate times call for desperate ideas. Some folks are now arguing that section 4 of the 14th Amendment, stating that “[t]he validity of the public debt of the United States, authorized by law…shall not be questioned,” gives the President executive … Continue reading

Posted in Executive Power, Politics in General | Tagged , | 23 Comments