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 before before, no person should possess the sole power to make these kinds of decisions.

Continue Reading Qassim Soleimani and the Problem of Presidential Power

The recent revelation about President Trump’s dealings with Ukrainian President Zelensky have rightly provoked serious concern, especially the possibility that Trump blocked nearly $400 million in military aid to secure help for his re-election campaign .

This has intensified support for impeachment. But taking action against President Trump would only be a partial solution to the problem.


Continue Reading Addressing the Abuse of Presidential Authority

In siding with President Trump in a lawsuit over his financial conflicts of interest, a federal court of appeals invoked a controversial legal principle that undermines the judiciary’s checking and balancing role. According to the court, Maryland and the District of Columbia lacked “standing” to sue the President. The court therefore dismissed the suit, without deciding whether the President was breaking the law. Unfortunately, the Supreme Court has invoked the standing doctrine many times to block the public from holding Presidents and other government officials accountable for their actions.

Continue Reading Judicial Abdication and the Imperial Presidency

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.
Continue Reading Independence Day and the Imperial Presidency