Posse Comitatus: Trump, Troops, and the Limits of Presidential Power
Richard Epstein analyzes Justice Breyer’s ruling on Trump’s use of federal troops in Los Angeles. They explore the Posse Comitatus Act, the limits of presidential emergency powers, and why the courts often avoid tough factual questions—raising big issues about federal vs. state authority and executive overreach.
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Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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Supreme Court showdown exposes shaky case against birthright citizenship
Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.
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Kneecapping Powell, Undermining the Rule of Law
Donald Trump and conservatives know the perils of lawfare all too well. Why subject Jerome Powell to the same thing?
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Limiting the Federal Government
Failure to consider the sponsors’ representations of the Constitution’s meaning seriously impairs the quality of interpretation.
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