Category Archives: Constitutional Crisis Seminar

“Impoundments and Other Methods of Fiscal Control” — Professor Zachary S. Price

AVERY HALL—In his lecture, “Impoundments and Other Methods of Fiscal Control,” Professor Zachary Price analyzes the history of executive efforts to control federal spending. He situates his discussion in recent history, arguing that the Trump administration’s assertion of spending control has marked a new degree of departure from historical norms. While this tension is not […]

Recap: “Removals of Officers & Inferior Officers, Bureaucratic Control, Vacancies Act” — Thomas Berry

NINA SUAREZ—The power to hire and fire may seem straightforward, but within constitutional law, it embodies a prominent unsettled question about executive authority: how much unilateral presidential control should exist over appointments and removals of executive officers? Thomas A. Berry, director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor-in-chief of […]

Recap: “Assertions of Emergency Power” — Professor Harold Hongju Koh

JASMINE KAYPOUR—Harold Hongju Koh, Sterling Professor of International Law at Yale Law School, dissected the state of America’s “National Security Constitution” and the disturbing expansion of presidential emergency powers in his recent lecture. Drawing on history, case law, and recent events, Koh argued that the balance envisioned by the framers—shared power between the president, Congress, […]

Recap: “Tariffs” — Ilya Somin

BENJAMIN LEMON—In a wide-ranging lecture and Q&A session, Professor Ilya Somin of George Mason University made his case that the Trump Administration’s recent “emergency” tariffs stretch statutory text past its breaking point, raise profound separation-of-powers concerns, and threaten to normalize delegations that put core taxing decisions in one person’s hands. He discussed what the tariffs […]

Recap: “Constitutional Hardball” — Mark Tushnet

AVERY FRIEDMAN—Professor Mark Tushnet coined the term “Constitutional Hardball” to define a series of actions that, while legal and within the bounds of our Constitution, overthrow traditions and norms for political gain. Many unwritten customs dictate processes of our government that the Constitution is silent on. Many long-term practices, such as the size of the […]