Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law at Ohio State University. His publications include Madison’s Nightmare: How Executive Power Threatens American Democracy (2009) and Democracy’s Chief Executive: What the Constitutional Presidency Means Today, forthcoming from the University of California Press in 2022.
Firing Trump’s Social Security commissioner was the better of two bad choices.
The president-elect has more tools for staffing the new administration than may be apparent—including one that no president has ever used before.
The president relies on acting administrators to avoid the lawful order of succession when a job is vacant.
As Mueller’s probe intensifies, Trump supporters think it’s a legal impossibility. But that’s not what the Constitution’s framers had in mind.
Three bills awaiting Senate approval would go a long way to achieving Steve Bannon’s dream of the “deconstruction of the administrative state.”