The Supreme Court has good reason to question the expansion of power in the executive branch. Agencies such as the Occupational Health and Safety Administration (OSHA) exercise broad authority, deciding policy questions that the constitutional Framers expected Congress to decide. As a result, presidents wield far more power than they should.
But the Court picked the wrong time and place to put the brakes on executive authority with its decision in NFIB v. Becerra, the case that involved OSHA’s rule for COVID vaccination or testing in the workplace. The Court acted unwisely—and inconsistently with past decisions.Continue Reading The Supreme Court’s Misguided COVID Vaccine Decision
Only time will tell whether it was prudent for President Trump to authorize the killing of Qassim Soleimani. But we don’t need to wait to recognize that the constitutional design for the executive branch has failed us. As I have observed 
The recent 
In siding with President Trump in a lawsuit over his financial conflicts of interest, a federal court of appeals 
After reading the Declaration of Independence, it is easy to wonder why the Founding Fathers gave us an imperial presidency. The Declaration documents no fewer than twenty-seven grievances about King George III’s abuse of power. But the Constitution was written more than a decade later after an unhappy experience with state constitutions that had severely restricted executive authority and greatly expanded legislative authority.