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.
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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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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
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Originalism and Its Adversaries
At some point, we all end up being in the minority, and when that happens, all those obstacles that seemed horrible when your party was in power will seem the very things that are preventing us from embarking down the road to ruin.
A Warning to Quorum Breakers
If absence goes on long enough, there may be serious consequences—including removal from office.
