Is Access to Fable an Export?
On June 12, the Commerce Department directed Anthropic to deny foreign nationals access to its Fable 5 and Mythos 5 models, regardless of where...
Executive Power
Major Questions Doctrine, Foreign Affairs, and the New Economic Statecraft
Vol. 139 No. 8
Over the past decade, economic intervention by the executive branch in the name of national security has become increasingly salient. It has also taken...
The Power of Congress to Make the Supreme Court More Like a Council of Revision
Vol. 139 No. 8
Although the Federal Convention of 1787 considered proposing a Council of Revision as part of the new government it devised, it ultimately provided for...
Some Realism About Constitutional Remedies
Vol. 139 No. 8
Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats...
Remedies for a Constitutional Crisis
Vol. 139 No. 8
Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
Presidential Speech and the Discrimination Paradox
Vol. 139 No. 7
The Supreme Court promises that government action is illegitimate if it “lack[s] any purpose other than a ‘bare . . . desire to harm a politically unpopular group.’”...
Keys to the Kingdom: Immigration Control and the Accretion of Executive Power
Vol. 139 No. 7
In his campaign for the presidency in 2024, then-candidate Donald Trump focused particular attention on immigration policy. Differentiating his proposed approach from that of the Biden Administration, Trump promised that if he were elected, he would “close the border” to migrants entering without authorization.
Controlling Higher Education Through Accreditation
The organizations that accredit colleges and universities by definition influence much of what institutions of higher education do and how they do it. For...
Separating the Powers in the Administrative State: Article I
Vol. 139 No. 5
All legislative Powers herein granted shall be vested in a Congress of the United States . . . . — U.S. Const. art. I, § 1 Typically, when Congress...
Challenging Politically Discriminatory Funding Cuts
President Trump is once again threatening to cut federal funding for “sanctuary jurisdictions” that fail to cooperate with his Administration’s forceful immigration policies. The...