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Trump’s early moves aim to bring under his control the levers of power that the Constitution gives Congress to support its role as a co-equal branch of government. Madison had a word for the system Trump would erect: tyranny. My latest in Washington Monthly washingtonmonthly.com/2025/01/30/tru…

I actually give them points for candor.

I urge in Washington Monthly that progressives opposed to the Trump-Musk regime's abuses now turn to courts with the same energy and creativity that Red States brought to bear against Biden. washingtonmonthly.com/2025/02/04/to-…. Many have started. Just Security has a tracker: justsecurity.org/107087/tracker…

Jordan Ascher of Governing for Impact and I explain in today's Washington Monthly what's wrong with Trump's Schedule F scheme. As the subhead says: "It violates statutes, undoes a century of civil service reform, and would derail government services." washingtonmonthly.com/2025/02/10/tru…

I had the privilege yesterday of being interviewed by Mitch Jeserich for the Letters & Politics program on Pacifica's KPFA radio. We discussed the history of executive power as interpreted by the Supreme Court and how we got to the present moment. kpfa.org/program/letter…

The title of my essay published in The Atlantic is pretty much what I'd have thought to be a unanimous understanding of the Constitution: “Presidents May Not Unilaterally Dismantle Government Agencies.” Yet Trump's assault on checks and balances continues. theatlantic.com/ideas/archive/…

If your copy of the Constitution is missing Article I, Section 8, cl. 18, a copy is available here: law.cornell.edu/constitution/a…

Proud to be among 950+ law professors signing a letter organized by BC law prof Kent Greenfield for American Constitution Society challenging the rampant illegality of the Trump Administration. A post at acslaw.org/press_release/… contains a link to the letter and its signatories.

If you’re wondering what unitary executive theory is, how an extreme version is enabling Trump, why constitutional text doesn’t align with it, and where we might be headed, here’s the link to my 3/10 conversation with Tom Gerety about the issues. youtu.be/ynEclhsYXbs?si…

On 3/12 I debated Aditya Bamzai of UVA on, “Does the Law Provide for a Unitary Executive?” at Harvard. From 20:27 to 29:22, I argue originalism is unsound, text and history favor checks and balances, and a modest UET was bound to metastasize à la Trump. youtu.be/3NEpMm-wGWw?si…

Attached is the letter signed by Ohio State Moritz College of Law faculty, in their individual capacities, in light of current threats to constitutional democracy and the rule of law in the U.S.

Pleased to be quoted in this story on Trump's efforts to "deregulate" by ignoring the law. As usual, the novelty is in the scope of Trump's lawlessness. Anything others did occasionally, he will do systematically. "Obama jaywalked? Let's do armed robbery!" wapo.st/4dqIrDN

The Supreme Court’s combination of glib history and hubris continues to fuel an executive-indulgent constitutional jurisprudence at odds with both text and political reality.

In a crossover episode of Democracy's Chief Executive: The Podcast, I go from host to guest. Lindsay Langholz, American Constitution Society Sr. Dir. of Policy & Program and host of the ACS podcast, Broken Law, asked about Trump’s independent agency firings and the shaky future of checks and balances. open.spotify.com/episode/0juJYH…

"In 2025, however, no one in authority takes war powers originalism seriously. The remaining institutional constraint—politics—is, for now, not even a speed bump slowing a belligerent president." My take on what bombing Iran reveals about war powers. washingtonmonthly.com/2025/07/03/tru…

“Trump’s use of executive power is not a distortion of the Roberts Court’s theory of the presidency; it is the Court’s theory of the presidency, brought to life.” My take in the Atlantic. theatlantic.com/ideas/archive/…