WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power
President Trump is using the popular conservative ideology known as the “unitary executive theory” to give more power to the executive branch. He is using the legal theory to help justify firing thousands of federal workers, dismantling entire agencies like USAID and overseeing what were created as independent regulatory agencies like the FTC and SEC.
WSJ explains the legal theory and why the Supreme Court may allow the expansion of executive power.
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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