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Judicial Policymaking, Rejected by the Framers, Enhances Presidential Power
It is an irony of American legal history that the U.S. Supreme Court, armed with the power of judicial review to police constitutional...
HumanitiesND
Jul 30, 20253 min read


Judicial Expansion of Presidential Power Defies Hamilton’s Reassurances
Constitutional conversations about the Supreme Court often begin with Alexander Hamilton’s famous description of the judiciary in...
HumanitiesND
Jul 23, 20253 min read


The Supreme Court’s Deference to Presidency is Rewriting the Constitution
The Supreme Court’s pattern of deference to the executive has rocked our constitutional foundations and invited presidential disregard of...
HumanitiesND
Jul 16, 20253 min read


Declaration of Independence: Sheet Anchor of the Republic
The Declaration of Independence, which Abraham Lincoln called the “sheet anchor of the republic,” spurred the articulation of American...
HumanitiesND
Jul 9, 20253 min read


The Framers’ Why: Rejecting Presidential Control of Warmaking and Foreign Affairs
The Trump Administration’s inability to identify persuasive legal footing for Donald Trump’s unilateral decision to bomb Iran, whether on...
HumanitiesND
Jun 25, 20253 min read


Commander in Chief Clause: Its Modest Origins Under a Microscope
The confluence of the 250th anniversary of the creation of the U.S. Army, President Donald Trump’s deployment of the California National...
HumanitiesND
Jun 18, 20253 min read


Trump’s Troop Deployment Scrambles Constitutional Arrangements
Since his inauguration, President Donald Trump has engaged in a sustained program to scramble our constitutional arrangements and upend...
HumanitiesND
Jun 11, 20253 min read


We Cannot Trust Parchment Barriers Against the Encroaching Spirit of Power
The ongoing efforts of federal judges to contain President Donald Trump’s usurpation of congressional authority reflects an enduring...
HumanitiesND
Jun 4, 20253 min read


Security for Judges is Essential to Judicial Independence and the Rule of Law
Reporting from the Wall Street Journal over the Memorial Day weekend that a security committee at the federal Judicial Conference in...
HumanitiesND
May 28, 20253 min read


Emoluments Clause Means No Airplane for Trump Without Congressional Consent
Few provisions of the Constitution speak with the clarity of the Emoluments Clause which, if obeyed by President Donald Trump, prohibits...
HumanitiesND
May 21, 20253 min read


Remembering Justice David Souter: The Supreme Court Could Use More Like Him
Many Americans may have missed this week the passing of Justice David Souter, who retired from the Supreme Court in 2009, after a...
HumanitiesND
May 14, 20253 min read


“Is the President Required to Uphold the Constitution?”
In an interview on May 4, 2025, with Kristen Welker, host of NBC’s “Meet the Press,” President Donald Trump was asked: “Don’t you need to...
HumanitiesND
May 7, 20253 min read


The First 100 Days: Trump’s Efforts to Transform America Rests on Ahistorical Personalization of Power
One of the more remarkable features of President Donald Trump’s ongoing, yet unfulfilled, effort in the first 100 days of his second term...
HumanitiesND
Apr 30, 20253 min read


The Premise of Judicial Finality Requires Presidential Compliance with Judicial Rulings
President Trump’s continued defiance of a federal court order, embraced by the U.S. Supreme Court, to “facilitate” the return of Kilmar...
HumanitiesND
Apr 23, 20253 min read


When Presidential Claims Collide with the Court, Due Process and the Rule of Law
Last week, the U.S. Supreme Court instructed the Trump Administration to “facilitate” the return of Kilmar Abrego Garcia from an infamous...
HumanitiesND
Apr 16, 20253 min read


Indiscriminate DOGE Cuts Harm the States, Humanities, History and Culture
DOGE is not what it purports to be. The indiscriminate, arbitrary cuts across dozens of federal agencies reflect neither its...
HumanitiesND
Apr 9, 20253 min read


To Defuse the Presidency, Revive Congress and Checks and Balances
The overwhelming, mushrooming growth of presidential power in both foreign and domestic affairs, marked by executive aggrandizement and...
HumanitiesND
Apr 2, 20253 min read


The Rule of Law: ‘Leave to Live by No Man’s Leave'
In the spring of 1952, President Harry Truman faced a nationwide strike that he feared would undermine the production of steel and thus...
HumanitiesND
Mar 26, 20253 min read


President Trump and the Historic and Constitutional Origins of the Legislative Power of the Purse
It took many centuries of advances, threats, retreats and a Civil War, before the English Constitution secured for Parliament the...
HumanitiesND
Feb 26, 20253 min read


In Response to Violations of the Constitution: ‘Legal history still has its claims.
The Trump Administration’s encirclement of the Constitution, laid bare in federal court findings that President Trump has usurped the...
HumanitiesND
Feb 26, 20253 min read
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