Separation of Powers
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The Constitution and the DHS Shutdown
The still ongoing shutdown of the federal Department of Homeland Security (“DHS”) (as of April 3, 2026) has presented three significant questions of Constitutional Law. First, is an unbreakable filibuster, by a minority voting bloc of United States Senators, against an appropriations bill passed by the House of Representatives, consistent with the United States Constitution?… Continue reading
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TRUMP V. SLAUGHTER
In Trump v. Slaughter, U.S. Sup. Ct. docket number 25-332, President Trump is asking the Supreme Court to grant him the authority to fire, without cause, members of the multi-member Federal Trade Commission (the “FTC”). If granted, that authority, combined with his unquestioned authority to appoint FTC members with Senate approval, would give the President… Continue reading
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RE: ILLEGAL TARIFFS
The International Emergency Economic Powers Enhancement Act (the “IEEPA”) ostensibly authorizes the President of the United States to “regulate” the “importation” of goods from foreign countries. See 50 U.S.C. § 1702(a)(1)(B). Under the IEEPA, the President may issue “regulations” governing the importation of goods whenever he or she declares that a “national emergency,” emanating from… Continue reading
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RE: THE POWER TO TAX
Federal Communications Commission v. Consumers’ Research, Sup. Ct. Docket No. 24-354. The Telecommunications Act of 1996 authorizes the Federal Communications Commission (the “FCC”) to fund its programs by charging “every telecommunications carrier” operating in interstate commerce an “equitable and nondiscriminatory” but otherwise unspecified amount of money. 47 U.S.C. §§ 254(b)(4) and 254(d). Those provisions clearly… Continue reading
CONSTITUTIONAL INTERPRETATIONS 