Separation of Powers
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RE: A SET-BACK FOR THE PRESIDENT
On Monday, September 14, 2026, the Supreme Court voted 7-2 to deny President Trump’s application to cancel a lower court injunction that prohibited the United States Postal Service from implementing its new rule to regulate voting by mail in the upcoming elections for Congress. See Sup.Ct. Order of September 14, 2026 in its Case No.… Continue reading
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RE: New Postal Service Regulations Governing Elections
Nearly three weeks ago, the United States Postal Service (the “USPS”) issued a new Rule to regulate a state’s efforts to authorize absentee balloting by U.S. mail in federal elections, including the imminent mid-term elections for seats in the United States Congress. Among other things, the new Rule 1) requires state election officials to compile… Continue reading
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RE: STOPPING THE “ADMINISTRATIVE STATE”
The United States Constitution contains three separate clauses that use the phrase “shall be vested” (hereafter called “The Vesting Clauses”). They each read as follows: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. U.S. Const., Art. I, §… Continue reading
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“THE ANTI-WEAPONIZATION FUND”
On May 18, 2026, the Trump Administration announced the formation of the so-called “Anti-Weaponization Fund.” According to the Administration, the so-called “Fund” will distribute public money to people or entities claiming to be a past target or “victim” of “lawfare and weaponization” by government for “improper and unlawful political, personal, or ideological reasons.”[1] Claims will… Continue reading
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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
