Tag: Constitution (US)

Senate Republicans’ Declaration of (Semi-) Independence

In a rare display of spine, 12 Republican senators on Thursday defied their president and joined Democrats in passing a resolution to nullify President Trump’s declaration of a national emergency at the Mexican border. Having already zipped through the Democratic-controlled House, the legislation is on track to draw the first veto of Mr. Trump’s presidency. […]

Read More

Senate Rejects Trump’s Border Emergency Declaration, Setting Up First Veto

WASHINGTON — The Senate on Thursday easily voted to overturn President Trump’s declaration of a national emergency at the southwestern border, delivering a bipartisan rebuke to what lawmakers in both parties deemed executive overreach by a president determined to build his border wall over Congress’s objections. The 59-41 vote on the House-passed measures set up […]

Read More

Editorial Observer: Birch Bayh and the Quest for a More Perfect Constitution

Changing the United States Constitution is like winning an extremely long, slow-motion lottery. Since 1788, when the nation’s charter was ratified, more than 11,000 amendments have been proposed. Twenty-seven have succeeded. The odds of any one person writing an amendment that clears all the required hurdles — a two-thirds vote in both houses of Congress […]

Read More

When Executive Privilege and Congressional Oversight Collide, Who Wins?

With the 116th Congress up and running, President Trump is facing meaningful congressional oversight for the first time. On Monday, the House Judiciary Committee embarked on a major investigative mission, sending letters to 81 witnesses seeking documents and testimony relating to possible “obstruction of justice, public corruption and other abuses […]

Read More

Trump’s Grip Shows Signs of Slipping as Senate Prepares to Block Wall Emergency

WASHINGTON — Senator Mitch McConnell, the majority leader, conceded on Monday that he could not stave off final passage of a resolution overturning President Trump’s national emergency declaration, setting up a rebuke to Mr. Trump amid signs that the president’s grip even on his own party in Congress may be […]

Read More

House Votes to Block Trump’s Border Emergency Declaration

WASHINGTON — The House voted on Tuesday to overturn President Trump’s declaration of a national emergency on the Mexican border, with more than a dozen Republicans joining Democrats to try to block his effort to divert funding to a border wall without congressional approval. The resolution of disapproval, which passed […]

Read More

The Era of Limited Government Is Over

Since conservatism became a movement in the 1950s, the American right has understood itself to be defending not just the written American Constitution but an unwritten one as well — a kind of cultural or social constitution, deeply rooted in our national history, that the checks and balances of our […]

Read More

Former Lawmakers Pressure Congress to Reject Trump’s Emergency Declaration

WASHINGTON — More than 25 former Republican lawmakers and nearly 60 former senior national security officials appealed to Congress on Monday to kill President Trump’s declaration of a national emergency on the Mexican border, countering Republican leaders’ effort to hold down defections Tuesday on a scheduled House vote to block […]

Read More

Election Fraud in North Carolina? State Board Will Hear Evidence This Week.

More than three months after an election that might have been tainted by fraud — and more than six weeks after the new Congress convened without a representative from North Carolina’s Ninth Congressional District — state regulators are scheduled to meet on Monday to consider evidence of possible misconduct. The […]

Read More

Trump’s Attempt to Circumvent Congress Leaves Uneasy Senate Republicans With Hard Choice

WASHINGTON — Senator Shelley Moore Capito, Republican of West Virginia, spent the last two weeks hammering out a deal on federal spending and border security with colleagues from both parties, reassured by a sense that Congress was finally asserting itself as a civil, stabilizing force. The feeling did not last. […]

Read More

News Analysis: Presidents Have Declared Dozens of Emergencies, but None Like Trump’s

WASHINGTON — President Trump on Friday pointed to nearly five dozen previous instances in which presidents of both parties have declared emergencies as justification for his invocation of extraordinary powers to build his border wall. But there is no precedent for what he has just done. None of the times […]

Read More

A Trump-Made Emergency

With his intent to declare a national emergency at the southern border, President Trump is planning to take executive overreach to dizzying new heights. The damage to American democracy threatens to linger long after his administration is no more than a dank memory. Cornered into accepting a budget deal that […]

Read More

McConnell Says Trump Plans to Declare National Emergency to Build Border Wall

WASHINGTON — President Trump plans to declare a national emergency so he can bypass Congress and build his long-promised wall along the border even as he signs a spending bill that does not fund it. The move would effectively end a two-month war of attrition between the president and Congress […]

Read More

When Judges Defy the Supreme Court

No, I wasn’t surprised last week, as most people apparently were, when Chief Justice John Roberts cast the deciding fifth vote to preserve access to abortion in Louisiana for at least a little while longer. In fact, I had predicted it (and I have witnesses). Why? Not because I think […]

Read More

No Wall, No Peace

President Trump lost a big one when he caved to Nancy Pelosi’s demand on the spending bill. Does that mean that “it’s all over for Trump,” as headlines have regularly blared? No. But it does mean that until he reasserts his authority, the locus of power is with the speaker […]

Read More

No, Trump Cannot Declare an ‘Emergency’ to Build His Wall

President Trump on Friday said that he was considering the declaration of a “national emergency” along the border with Mexico, which he apparently believes would allow him to divert funds from the military budget to pay for a wall, and to use military personnel to build it. While it is […]

Read More

Supreme Court Takes Up New Cases on Partisan Gerrymandering

The Supreme Court agreed on Friday to take another look at whether the Constitution bars extreme partisan gerrymandering. The move followed two decisions in June in which the justices sidestepped the question in cases from Wisconsin and Maryland. Those earlier cases had raised the possibility that the court might decide, […]

Read More

Raise Your Hand if You Want to Judge Trump

Twenty years ago this week, the House of Representatives forwarded articles of impeachment against President Bill Clinton to the Senate. Whether or not that was constitutionally warranted — it wasn’t — does any citizen on either side who witnessed or participated in that partisan dust-up honestly look back on it […]

Read More

A Supreme Court Divided. On the Right.

Last week, after the Supreme Court turned down appeals by two states that had tried to terminate Planned Parenthood’s status as a Medicaid provider, much of the commentary understandably centered on the implications of the court’s action for the future of abortion rights. My interest here is the implication for […]

Read More