Regime Change
Vol. 135 No. 1
Introduction On the last day of oral argument this Term, in an atypical May convening, the Justices of the Supreme Court grappled with how...
Executive Power
The President’s Conditional Pardon Power
Vol. 134 No. 8
The President’s pardon power is a near-blank check hidden among the Constitution’s checks and balances. Despite substantial hand-wringing about possible abuses of the power,...
Making Immigration Law
Vol. 134 No. 8
Introduction Every scholar, writer, and observer must strive constantly to balance knowing something very well and not letting that knowledge be so confining that...
In re Abbott
Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.
Vol. 134 No. 3
Nondelegation’s Unprincipled Foreign Affairs Exceptionalism
Vol. 134 No. 3
In their efforts to restrain the administrative state, the Supreme Court’s conservative Justices face a quandary: The source of administrative agencies’ power — statutory...
The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis
Vol. 134 No. 2
This Article is accompanied by a set of data visualizations, developed in collaboration with TWO-N, that are available here. The Constitution specifies only one...
The Age of the Winning Executive: The Case of Donald J. Trump
Responding to Michael J. Klarman, The Degradation of American Democracy — And the Court
Response to The Degradation of American Democracy — And the Court
Vol. 134 No. 1
The Degradation of American Democracy — And the Court
Vol. 134 No. 1
Introduction On June 25, 2013, the Supreme Court invalidated the geographic coverage formula of the 1965 Voting Rights Act, effectively abrogating the preclearance requirement...
Recent Case: U.S. WeChat Users Alliance v. Trump
On August 6, 2020, the Trump Administration issued Executive Order 13943, banning the use of WeChat, a Chinese social media app, in the United...
Adjudication Outside Article III
Vol. 133 No. 5
Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary....