Partisanship, Separation of Powers, and the Limits of Oversight

As I have noted before: party trumps institutional pride. The Barr testimony is just another example.

Trump Claims He’d Take Impeachment To The Supreme Court, But He Can’t

President Trump claims that he’d challenge any effort to impeach him in court, but the law makes clear that he can’t.

House Sues To Stop Trump’s Emergency Declaration

The House of Representatives is asking a Federal Judge to block the President’s emergency declaration to fund his border wall.

An Impeachment Primer

In case anyone needs a refresher.

Trump’s Intellectuals?

A WaPo writer takes a round-about path to demonstrate the obvious.

Senate Appears Poised To Block Trump’s National Emergency

There appear to be enough votes in the Senate to pass the resolution disapproving President Trump’s border wall “emergency,” but there’s not enough Republican support to override an expected veto.

House Passes Bill To Block Trump’s Emergency, With Minimal GOP Support

The House of Representatives voted yesterday to block the President’s declaration of an “emergency” at the southern border. Now the matter goes to the Senate.

Republicans Face A Choice: Do They Support The Constitution, Or Trump?

Republicans face a choice in the coming days. Do they support the Constitution, or do they support Donald Trump? You can count on them making the wrong choice.

Congress Poised to Block Trump’s Emergency Declaration

While not subject to filibuster, it’s still subject to Presidential veto.

ACLU Files Lawsuit Against Trump Over ‘Emergency’ Declaration

The American Civil Liberties Union has joined the list of groups with lawsuits against the President’s declaration of a “national emergency” at the southern border.

Sixteen States, Other Groups, Sue Trump Over Border Wall ‘National Emergency’

The lawsuits against President Trump’s “national emergency” have begun. Except more.

Some Context for Presidential “Emergency Powers”

There is a bit of a disjuncture between the terminology and the reality (but that does not excuse Trump’s current actions).

Trump Declares ‘National Emergency’ At Border, Admits “I Didn’t Need To Do This”

President Trump declared a national emergency at the southern border while at the same time undercutting his own case for doing so.

Trump’s ‘National Emergency’ And The Law

President Trump’s impending decision to declare a national emergency to get funding for his border wall will quickly face serious legal challenges. It may be more vulnerable than the White House suspects.

Lindsey Graham Warns Republicans To Back Trump On Emergency Declaration

Lindsey Graham is telling his fellow Republicans that they better back the President if he decides to declare a national emergency to get funding for his border wall.

A Question of Confidence

The Northam situation shows the rigidity of separation of powers systems.

Party Trumps Institutional Separation

Don’t expect the Congress (i.e., the Senate) to pull us out of this shutdown mess.

Donald Trump v. The Federal Judiciary

President Trump’s latest attack on the Federal Judiciary prompted a rare rebuke from the Chief Justice of the United States.

Is Sean Hannity A Cable News Host Or A Trump Propagandist? Apparently, He’s Both.

When do we stop pretending that Fox News Channel is anything other than State Run Media for the Trump Administration?

Cold Civil War or Civil Cold War?

The Kavanaugh fight is just another indicator of our national divide.

Regrets, Brett Has A Few, But Then Again Too Few To Mention

Brett Kavanaugh is expressing some regrets over his performance last Thursday, but it’s largely far too little, far too late.

Fixing Presidential Succession

We should take Congressional officers out of the line of succession.

Kavanaugh’s Second Day Of Questioning Was Bumpy, But Won’t Derail His Nomination

The second day of questioning for Judge Brett Kavanaugh was a bit rockier than the first, but nothing happened that seriously threatens his eventual confirmation.

Federal Judge Declines To Grant Texas Request To End DACA, For Now

A Federal Judge in Texas has declined to grant a request to bring the DACA program to an end, but its days appear to be numbered unless Congress acts.

Federal Appeals Court: Trump’s Crackdown On Sanctuary Cities Unconstitutional

A Federal Appeals Court has found that a Trump Administration policy purporting to punish so-called sanctuary cities is unconstitutional.

Senate Democrats Throwing In The Towel On Kavanaugh?

Senate Democrats appear to be recognizing that there’s basically nothing they can do to stop the confirmation of Judge Brett Kavanaugh to the Supreme Court.

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Outrage Over Minority Rule

There is a frustration and a growing sense that the American political system is illegitimate.

Madison, Will, and the Ambitions of the GOP

Madison was right about politicians and ambition. He just didn’t see the how it would all play out.

George Will: Vote Democrat in November

The dean of conservative columnists argues that the Republican Congress must be taught a lesson.

Trump Administration Joins State Effort To Undo DACA

The Federal Government is signing on to an effort by Texas and several other states to have the DACA program declared unlawful.

Federal Judge Strikes Down Trump Administration Policy On ‘Sanctuary Cities’

Another Federal Judge has held that the Trump Administration’s efforts to punish so-called ‘sanctuary cities’ violates both Federal law and the Constitution.

Texas And Six Other States Sue To End DACA Program

A new lawsuit seeks to have the 2012 DACA program declared unconstitutional.

Trump and Violating the Norms of Political Speech

An essay from earlier in the year by Jacob T. Levy underscores some of the points I recently tried to make about democratic norms in the current era.

Appeals Court Strikes Down Trump Order On ‘Sanctuary Cities’

The Seventh Circuit Court of Appeals has struck down a Trump Administration Order that purported to punish so-called ‘sanctuary cities.’

NYT: The President is Not Above the Law

The Editorial Board of the Newspaper of Record urges Congressional Republicans to steady themselves for a constitutional crisis.

Trump Administration Claims It Needs No Legal Authorization To Keep Troops In Syria

Continuing a long-standard tradition, the Trump Administration claims it doesn’t need to get legal authorization to keep American troops in Syria.

Pennsylvania Supreme Court Redraws State’s Gerrymandered Congressional Districts

The Pennsylvania Supreme Court has redrawn the state’s Congressional Districts based on its recent ruling finding the current map to be unconstitutional partisan Gerrymandering. It makes a lot more sense than the map the state is currently using.

Republicans Are Slavishly Backing Trump At Their Own Risk

Despite mounting evidence and outrageous behavior, Republicans nationwide and on Capitol Hill continue to do the Administration’s dirty work. They’ll most likely live to regret it.

Congress Needs To Act In Response To Trump’s Illegal War In Syria

With the Administration set to commit the United States to a forever war in Syria, it’s time for Congress to act.

Appeals Court Strikes Down Third Version Of Trump’s Muslim Travel Ban

Late yesterday, a panel of the Ninth Circuit Court of Appeals issued a ruling striking down the latest version of Trump’s Muslim Travel Ban.

Trump Considered Dumping Gorsuch Over Perceived Disloyalty

Report that President Trump considered withdrawing the Gorsuch nomination are another sign of his unhealthy obsession with pledges of loyalty from people who have no business giving it to him.

Trump Pressed Top Senators To End Russia Investigation

For a guy who considers the Russia investigation “Fake News,” President Trump sure is doing a lot to try to stop it.

Federal Judge Issues Order Barring Cut Off Of Funding To ‘Sanctuary Cities’

A Federal Judge in California has entered an order permanently blocking a Trump Administration effort to deny funding to so-called sanctuary cities.

Chicago To File Suit Against Trump’s War On So-Called “Sanctuary Cities”

Chicago is joining the growing list of jurisdictions challenging the Administration’s policy on sanctuary cities.

Line of the Day (Better Care Reconciliation Act of 2017 Edition)

No wonder they wrote it in secret and want to move quickly to a vote…

Trump Won’t Assert Executive Privilege Against Comey Testimony

The Trump Administration will not try to stop former F.B.I. Director James Comey from testifying before the Senate Intelligence Committee on Thursday.

Fourth Circuit Upholds Injunction Against Trump’s Muslim Travel Ban

The Administration suffers another defeat in defense of its effort to ban Muslim immigrants.

The Power of Primaries

As usual, an attempt to explain congressional behavior brings us back to the issue of our basic institutions. The way we elect congress matters.

Federal Judge Slaps Down Trump Executive Order On ‘Sanctuary Cities’

Another Federal Court has found another Trump Executive Order unconstitutional.

Changes in Turkey

By a narrow margin, Turks voted for some significant changes.