The renewed debate over presidential war powers, sparked by Vice President J.D. Vance’s dismissal of the War Powers Resolution as “fake” and unconstitutional, exposes more than a technical disagreement about statutes. It reveals a deeper conflict over authority, restraint, and accountability in the exercise of force. At stake is not merely how wars are authorized,…
History, Power, and the Peril of Governing by Spectacle
The controversy surrounding President Trump’s attempted National Guard deployments to major U.S. cities is not merely a skirmish over public safety policy. It is a revealing moment about how power is exercised, justified, and constrained in a constitutional republic, and about what happens when political theater collides with historical and legal reality. At its core,…
When Courts Say “No” to Troops, Should the President Invoke the Insurrection Act?
Over the past few weeks, the Trump administration’s attempt to insert federal military (or Guard) force into major American cities has triggered a cascade of courtroom pushbacks. What looked like a bold posture on law and order is increasingly turning into a legal war of attrition. The administration, frustrated by injunctions and restraining orders, is…
Whose Guard Is It Anyway?
When armored trucks and camo uniforms roll down city streets, it’s hard not to feel a twinge of unease, even for those of us who appreciate law and order. Over the past few months, National Guard convoys have appeared in a few urban battlegrounds, all under orders from Washington. Governors are suing, federal lawyers are…
Should We Swap ‘Defense’ for ‘War’?
President Trump recently signed an executive order that dusted off an old name from America’s past: the Department of War. Under this order, the Department of Defense is now permitted to use its original, historical title as a kind of “second name.” And in a nod to tradition, Defense Secretary Pete Hegseth is also cleared…
The Courtroom Drama Over Rebecca Slaughter’s Job
On Tuesday, September 2, the D.C. Circuit Court of Appeals issued a narrow 2–1 decision ordering that Rebecca Kelly Slaughter—a Democratic commissioner at the Federal Trade Commission (FTC) whom President Trump had dismissed earlier this year—be reinstated without delay. Now, the judges didn’t pluck this out of thin air. They leaned on a bedrock case…
Tariffs, Courts, and the Constitution
Last Friday, President Trump’s trade agenda ran into a major hurdle when a federal appeals court stepped in with a big ruling on his tariffs. Now, before we start celebrating, panicking, or running out to hoard beans and rice, let’s all take a breath. These things are rarely as simple as they first appear. What…
Marco Rubio: Double Duty or Double Trouble?
By all accounts, Marco Rubio has come a long way since his early days as the Tea Party darling in the Senate. Fast forward to today, and he’s no longer just a voice in the legislative chorus—he’s holding two of the most powerful foreign policy posts in the country. For the past three and a…
Trump and Recess Appointments
The possibility of President-elect Donald Trump using recess appointments to bypass Senate confirmation and fill his Cabinet has sparked heated debate. Recess appointments, a tool enshrined in the Constitution, allow a president to temporarily fill positions when the Senate is not in session. While this strategy has been used by presidents of both parties, its…
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