WSJ Opinion: Are We Facing a Constitutional Crisis?
Donald Trump has been working at a breakneck speed during his first three weeks in office, prompting alarms from his critics that he is plunging the nation into a constitutional crisis. Many of the administration’s executive actions, including abolishing birthright citizenship, and the initiatives launched by Elon Musk and DOGE, have already faced judicial challenges. So is Donald Trump just testing the limits of his power, or is the criticism of his approach warranted?
On this episode of Free Expression, constitutional law professor John Yoo tells Gerry Baker why a more active Congress would prevent Donald Trump from taking such drastic action to get things done, how the Supreme Court will factor into many of these executive orders, and which of those orders might ultimately fail.
Listen or read the full episode transcript at the Wall Street Journal
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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Obamacare Should No Longer be SCOTUScare
Whatever one makes of the Supreme Court’s “why bother” attitude to its prior statutory rulings, Republican leaders in Congress should accept the invitation to provide a legal fix to Obamacare.
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Chadha’s Mistakes and the Diminished Congress
The Chadha decision fueled the executive ascendancy that Chevron soon cemented, leaving Congress weakened in its wake.
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