UNLV - William S. Boyd School of Law

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In siding with President Trump in a lawsuit over his financial conflicts of interest, a federal court of appeals invoked a controversial legal principle that undermines the judiciary’s checking and balancing role. According to the court, Maryland and the District of Columbia lacked “standing” to sue the President. The court therefore dismissed the suit, without deciding whether the President was breaking the law. Unfortunately, the Supreme Court has invoked the standing doctrine many times to…
After reading the Declaration of Independence, it is easy to wonder why the Founding Fathers gave us an imperial presidency. The Declara­tion documents no fewer than twenty-seven grievances about King George III’s abuse of power. But the Constitution was written more than a decade later after an unhappy experience with state constitutions that had severely restricted executive authority and greatly expanded legisla­tive authority.…
Today’s New York Times reports that another member of Congress, Katie Porter (D-CA), has called for impeachment, citing the “constitutional crisis” provoked by President Donald Trump. According to Porter, echoing statements made by Jerry Nadler (D-NY) and other members of Congress, we have a crisis because of Trump’s misconduct, especially his failure to comply with congressional requests for documents and other information. At some point, Trump’s disregard of the law may amount to a constitutional…
Observers are correct to condemn both Russian efforts to influence our presidential elections and President Trump’s failure to reject those efforts. But it is wrong to suggest that all efforts by foreign governments to influence our elections are improper. The question is not whether other countries are trying to exert influence, but whether they are doing so by legitimate means.…
Punitive tariffs, arms sales, border wall funding, and more. Donald Trump regularly finds ways to pursue his policy preferences over the clear opposition of Congress. This is especially troubling since decisions on these matters are properly within the constitutional authority of the legislative branch. As many political observers have observed, Congress has abdicated its policy making responsibilities by delegating immense amounts of power to the executive branch, and it needs to…
After the Democratic National Committee (DNC) provoked criticism by favoring Hillary Clinton’s campaign in 2016, you’d think it would have learned its lesson about trying to game the nominating process. Apparently not. The DNC has issued eligibility criteria for its presidential candidate debates that threaten to quickly winnow the field—nearly five months before the Iowa caucus and New Hampshire primary.…
How does Special Counsel Robert Mueller’s public statement change the impeachment question? Not very much. He confirmed what we already knew from his report: If he had been confident that President Trump did not commit the crime of obstructing justice, he would have said so. He didn’t consider bringing charges against Trump because under longstanding Department of Justice policy, it is unconstitutional to file criminal charges against a sitting President. The proper way…