Measuring the Limits of Trump’s Power With Constitutional Scholar John Yoo
Tara is joined by legal scholar and former political advisor John Yoo to discuss the parameters of Donald Trump’s executive power as we head closer to his upcoming presidency. They examine the myriad ways Trump can manipulate the justice system, talk about the ways he can strengthen his influence further, and shine a light on the viability of some of his proposed executive orders.
Constitutionalism

Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief

Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.

State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.

When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?
When can a crass political remark be deemed an indictable “threat of violence”? When those charged with recognizing the law’s “supremacy” and the “limitations” on their authority disavow both principles.

Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty
The Supreme Court has become the source of the very arbitrariness it set out to eliminate.


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