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Are President Trump’s Tariff Orders Constitutional?

Are President Trump’s Tariff Orders Constitutional?

by Rob Natelson | Jun 16, 2025 | Court Cases, Current Events, Executive Power

The U.S. Court of International Trade recently made headlines by issuing an order voiding many of President Donald J. Trump’s tariffs. The case was V.O.S Selections v. United States. The Court of Appeals for the Federal Circuit has stayed the order pending appeal....
Luther Martin’s Warning: Executive Power, Unequal Representation, and the Illusion of Impeachment

Luther Martin’s Warning: Executive Power, Unequal Representation, and the Illusion of Impeachment

by Michael Boldin | Mar 9, 2025 | AntiFederalists, Constitution, Luther Martin

Luther Martin feared that the Constitution was not a blueprint for liberty, but rather a framework for centralized control that threatened state sovereignty. He hammered this point home in Genuine Information, criticizing unequal representation in Congress, condemning...
War Powers: The True History of James Madison, the Constitution and the War of 1812

War Powers: The True History of James Madison, the Constitution and the War of 1812

by Mike Maharrey | Sep 15, 2024 | History, James Madison, War Powers

In the early years of the United States under the Constitution, James Madison made one of the most compelling constitutional arguments against unilateral presidential war powers. Through their actions, the first three presidential administrations of Washington, Adams,...
Deciphering the Commander-in-Chief Clause

Deciphering the Commander-in-Chief Clause

by TJ Martinell | Feb 9, 2024 | Article II, Article II Section 2, Constitution, Executive Power, War Powers

The Constitution designates the president as the commander in chief of the “Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.” A common view is that this gives the president...
Blackstone on Judicial Tenure

Blackstone on Judicial Tenure

by Michael D. Ramsey | Jan 2, 2022 | Executive Power, Founding Principles

As noted in my opening post in this series, earlier this month Professor Jed Shugerman sharply criticized originalist executive power scholars, and particularly a brief submitted to the Supreme Court by originalist scholars in Seila Law v. CFPB.  One key point of...
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