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....
Executive Power
Indigenous Environmental Network v. Department of State
Montana District Court Holds State Department’s National Interest Determination for Keystone XL Pipeline Violated APA by Disregarding Prior Factual Findings.
Vol. 132 No. 8
Faithful Execution and Article II
Vol. 132 No. 8
Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must “take Care that the Laws be...
Habeas Corpus in Wartime and Larger Lessons for Constitutional Law
This past year, I published the product of years of historical research in Habeas Corpus in Wartime: From the Tower of London to Guantanamo...
To End a (Republican) Presidency
Vol. 132 No. 2
I. The Pernicious Problem of Partisanship Alexander Hamilton foresaw it perfectly: impeachments of Presidents are by their nature political proceedings, conducted by political institutions...
United States v. Hamidullin
Fourth Circuit Holds Taliban Member Not Entitled to Combatant Immunity.
Vol. 132 No. 2
Trump v. Hawaii
Vol. 132 No. 1
As a candidate for President of the United States, Donald Trump “call[ed] for a total and complete shutdown of Muslims entering the United States...
Statements and Standards in Trump v. Hawaii
On Tuesday, the Supreme Court sided with the Trump Administration in Trump v. Hawaii, the challenge to the third iteration of the President’s travel...
Don’t Forget Congress When Assigning Blame: Thoughts on Trump v. Hawaii
In the aftermath of the Supreme Court's decision in Trump v. Hawaii, the travel ban or Muslim ban case, it is unfortunately necessary to...
Presidential Norms and Article II
Vol. 131 No. 8
The nature of the presidency cannot be understood without reference to norms. The written provisions of our constitutional structure do not, by themselves, offer...