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.

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.

Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty
The Supreme Court has become the source of the very arbitrariness it set out to eliminate.

The Curse of 'Penn Central'
A Supreme Court that has undone Roe v. Wade and Chevron should be willing to remove the curse of Penn Central.


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