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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
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
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 Lawrence Lessig, Presidency, Presidential Power
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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 Boll Weevils, Confederacy, Democratic Party, Democrats, Donald Trump, James Hanley, Primary Elections, Republican Party, The Old South, Trumpa Loompahs, Trumpenproletariat
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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 14th Amendment Solution, Debt Ceiling, Debt Crisis, Executive Power
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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
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 Indefinite Detention, National Defense Authorization Act, NDAA, War on Terror
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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
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
The Bawdy House Provisions 