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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What’s Wrong with a Military Campaign Against the Drug Trade
Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.
The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
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Trump Is Refighting The “War” That Congress and the Burger Court “Waged” Against President Nixon
An entire structure of government was created to constrain the executive. And the Roberts Court is now dismantling it.
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