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In May 2017, the nonprofit Protect Democracy filed suit under the Freedom of Information Act to obtain the Trump administration's legal justification behind the U.S. airstrikes in Syria during April of t...
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We are constantly confronted with the question of how seriously to take the president’s words. By one interpretation, not so much: His verbal excesses and outrages should not be confused with action. Thi...
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Since Donald Trump’s election, numerous ethical concerns have been <
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On Monday, Jan. 29, the House Intelligence Committee convened to vote on whether to release to the public the much-discussed memo on alleged surveillance abuses prepared by Committee Chairman Devin Nunes...
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The defense of democratic institutions, norms, values and culture does not always involve standing up for people who have acted heroically. Stories feel better, of course, when it does—when honor goes to...
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PDF Version
A review of Noah Feldman’s “The Three Lives of James Madison,” (Random House, 2017).
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“[T]he WH Counsel seems to be renting out space in his office to the New York Times,” notes Bill Kristol in reference to the sympathetic New York Times story yesterday about White House Counsel Don McGah...
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The first two essays of this three-part series on Noah Feldman’s “The Three Lives of James Madison” discussed Madison’s theory of war powers and some of its failure or adaptation in practice. This last e...
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The possibility that the president will reject full cooperation with the special counsel presents the question of how a “norm” is defended or enforced.
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The first essay in this three-part series about Noah Feldman’s “The Three Lives of James Madison” discussed how Madison’s theory of war powers was focused heavily on internal dangers to liberty and repub...
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The New York Times reported Thursday evening that President Trump ordered the firing of Special Counsel Robert Mueller in June and was only dissuaded when White House Counsel Don McGahn threatened to res...
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I have long believed two things about constitutional war powers, which my reading of Noah Feldman’s “The Three Lives of James Madison” largely confirmed. First, James Madison was brilliant and prescient ...