Civitas Conversations: Is the Court Appeasing the Trump Administration?
Is the Court engaged in appeasement or the prudential exercise of judicial power regarding the Trump administration's use of executive power?
Civitas Outlook editor-in-chief Richard M. Reinsch II interviews Prof. Jonathan Adler about his recent Outlook article in which he argues that executive overreach does not justify judicial overreach—and it is hardly appeasement to conclude otherwise.
Jonathan H. Adler is the Tazewell Taylor Professor of Law at the William & Mary Law School.
Constitutionalism
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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Amicus Brief: Chevron U.S.A. Inc. v. Plaquemines Parish
Civitas Research Fellow Michael Toth's work was cited in a Supreme Court brief.
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The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.
Why Trump’s ‘Emergency’ Tariffs Won’t Fly
The trade deficit isn’t a sudden surprise, short in duration, and great in harm: the usual characteristics of an emergency.
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Humphrey’s Executor and the Future of Presidential Power
The U.S. Supreme Court is almost certain to hold that President Trump lawfully fired Rebecca Slaughter from her role as a Commissioner of the Federal Trade Commission.
