Civitas Outlook
Topic
Constitutionalism
Published on
March 11, 2025
Contributors
John Yoo

WSJ: The Legal Theory Behind Trump’s Plan to Consolidate Power

President Trump is using the popular conservative ideology known as the “unitary executive theory” to give more power to the executive branch. He is using the legal theory to help justify firing thousands of federal workers, dismantling entire agencies like USAID and overseeing what were created as independent regulatory agencies like the FTC and SEC.

WSJ explains the legal theory and why the Supreme Court may allow the expansion of executive power.

Next up
Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Mar 7, 2025
57:24
John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

Feb 27, 2025
3:51
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Constitutionalism

Rational Nondelegation

The nondelegation doctrine, which forbids Congress from transferring excessive power to the executive branch, has risen from the dead.

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Trump’s Worthy Effort to Rein In ‘Independent’ Agencies

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Challenging the Claremont View of Birthright Citizenship

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Trump And Vance Aren’t Defying The Constitution, They’re Following It

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Charles Kesler’s Struggle for the Founders’ Constitution

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No items found.

Litigation Update: Department of State v. AIDS Vaccine Advocacy Coalition

Constitutionalism
Mar 7, 2025
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John Yoo: Supreme Court Temporarily Allows Trump’s Freeze on USAID Payments

Constitutionalism
Feb 27, 2025
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John Yoo: President Trump Is Trying to Restore Energy to the Executive

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John Yoo: Trump Is Trying to ‘Restore the Energetic Executive That Our Founders Wanted’

Constitutionalism
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John Yoo: Dems Displaying ‘Institutional Weakness’ by Using Federal Judge to Unfreeze Funds Cut by Musk, DOGE

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No items found.
The Light the Court's Originalist Majority Must See

Skrmetti Gives the Originalist Majority a Chance to Recover the Path Foregone.

Hadley Arkes
Constitutionalism
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Beware of Selective Originalism by Trump—or Anyone Else

Originalism is the correct first step in constitutional interpretation, but it is not its last step given the need to incorporate established practice into law.

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Maine Smackdown: Trump to Schools—Break Your Contract, Lose Your Title IX Funds

The Department of Education has never revoked a recipient’s funding for violating Title IX, but that might soon change.

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Let the National Institutes of Health Delegate Medical Research to Private Foundations

The contrast between public and private institutions suggests a new path for funding medical research.

Richard Epstein
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