I. An Executive Order at Odds with Doctrinal Evolution In December, President Trump signed an executive order directing the Department of Justice to challenge...
Vol. 139 No. 3 On March 15, 2025, the White House announced that President Trump had invoked an eighteenth-century wartime authority to order the summary removal of noncitizens who were believed to be members of the Venezuelan gang Tren de Aragua.Proclamation No. 10,903, 90 Fed. Reg. 13033 (Mar. 14, 2025).
Vol. 139 No. 1 It’s been another bad year for nondelegation. Although Congress cannot delegate legislative power to other branches of government, it can give executive agencies discretion...
Vol. 139 No. 1 Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court.
Response to Structural Logics of Presidential Disqualification
Vol. 138 No. 6 Trump v. Anderson and Trump v. United States were two momentous decisions in a momentous Supreme Court term. Sharing then-former — and now current — President Trump as...
Two weeks ago, President Trump instituted broad tariffs using in part the International Emergency Economic Powers Act of 1977 (IEEPA). At least three lawsuits...
In a 2020 article, Dean Cynthia Fountaine documents how Germany’s Nazi regime incrementally gained control of the legal system and the role legal professionals...
Vol. 137 No. 8 Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and...
