Will he get to treat the entire federal bureaucracy like the cast of Celebrity Apprentice?
Peter M. Shane
Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University and a Distinguished Scholar in Residence at the New York University School of Law. He is the author of Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency(2022) and the host of "Democracy's Chief Executive: The Podcast." Follow Peter on Bluesky at @petermshane.bsky.social.
Posted inPolitics
Congress’ Obstruction Addiction and the Garland Nomination
Our federal legislative branch needs an intervention.
Posted inPolitical Animal, Politics
A Compromise on Superdelegates
Superdelegates should include only democratically elected officeholders, not those chosen by other members of the DNC.
Posted inLaw and Justice
The Constitution as a Code of Honor
It would probably delight the late Justice Antonin Scalia to know that the fight over his successor was generating constitutional controversy. Indeed, like many controversies that Justice Scalia fueled, this one concerns not only the implications of particular clauses, but the very nature of constitutional law. In nominating Judge Merrick B. Garland to succeed Justice […]
Posted inLaw and Justice, Politics
What Do We Call Options Worse Than “Nuclear?”
The dangerous corrosion of institutional norms keeps getting worse.
Posted inPolitics
How Antonin Scalia Punched Down
United States Mission Geneva/Wikimedia Commons The encomiums bestowed upon the late Justice Antonin Scalia know no partisan limits. Tributes from conservatives have been earnest and effusive, untroubled, of course, by philosophical disagreement. But the homages that begin, “Although we agreed about nothing,” have been no less heartfelt or expansive. Many across the ideological spectrum were […]
Posted inPolitics
A Not-So-Solomonic Decision
Just as the heat of a Middle Eastern desert may so refract light as to distort a traveler’s perception of reality, so, too, may human legal judgment be distorted by the superheated political and media environment surrounding all questions touching on Israel. Zivotofsky v. Kerry, the Supreme Court’s 5-3-1 decision invalidating Section 214 of the […]
Posted inPolitics
How Obama’s Immigration “Executive Action” Respects the Rule of Law
It’s December, 2008. President Bush foresees economic calamity if the U.S. auto industry collapses. Congress has failed to enact his recommended rescue plan despite majority support in both Houses. His party has just taken a drubbing at the polls. What happens? He is advised that, under the technical wording of the Emergency Economic Stabilization Act […]
