Academic Commentary

The Constitution provides that a President has few enumerated powers. He is head of the executive branch and Commander in Chief of the Armed Forces (in times of war). That is it. A President cannot make laws. However, a President can recommend laws for Congress to consider. Also, when a bill is offered to him [...]

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The latest rumblings of the current administration inform us of President Trump’s plan to completely ignore the Fourteenth Amendment of the U.S. Constitution, and instead sign an executive order that would remove the right to citizenship for children born in the United States to non-U.S. citizens. Specifically, the Amendment reads as follows: “All persons born [...]

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The New York Times ran a front-page story on October 21, 2018 with the headline: “‘Transgender’ Could be Defined out of Existence under Trump Administration.” The story reported that “the Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth.” Other than Caitlyn Jenner, who had maintained a [...]

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The job of state attorney general (AG) resides at the intersection of electoral politics and legal proficiency. As the chief legal officer of their respective state, commonwealth, or territory, AGs are popularly elected in 43 states, the District of Columbia, Guam, and the Northern Mariana Islands, and appointed by either the governor, legislature, or judiciary in the [...]

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In April and October, President Trump proclaimed his intention to send National Guard troops to the US-Mexico border as an anti-illegal immigration measure. The Department of Homeland Security (DHS) Customs and Border Protection reported apprehensions of people entering the U.S. illegally at the Southern border jumped by 37 percent from February to March 2018, by 203 percent [...]

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Earlier this month, Congress sent a sweeping legislative package aimed at curbing the opioid epidemic to President Trump’s desk for signature, and the President has said he intends to sign it. Despite the increasing rancor that has poisoned so much our political discourse, the Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) [...]

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The September 2018 decision of Federal District Judge Troy Nunley in Tracy Rifle and Pistol LLC v. Harris is noteworthy for at least two reasons. First, the decision invalidated a California law prohibiting firearms retailers from displaying on the exterior of their premises any readily visible “handgun or imitation handgun, or placard advertising the sale or other [...]

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