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.
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… Read more »
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… Read more »
