While President Trump regularly shatters political norms, and playing to his base rather than appealing to a broader electorate seems to fit his unorthodox style, he in fact is not that different from his predecessors in remaining loyal to his
UNLV - William S. Boyd School of Law
David Orentlicher is the Cobeaga Law Firm Professor of Law at UNLV William S. Boyd School of Law. Nationally recognized for his expertise in constitutional law and health law, Dr. O has testified before Congress, had his scholarship cited by the U.S. Supreme Court, and has served on many national, state, and local commissions. He also served for six years in the Indiana legislature.
Latest from UNLV - William S. Boyd School of Law - Page 3
Independence Day and the Imperial Presidency
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…
Winner and Losers at the Democratic Debate
Pundits have been quick to identify winners and losers from last night’s debate. There are, of course, many problems with such commentary. We know which teams win soccer matches because they score more goals, and we generally know which candidates…
The Supreme Court’s Executive Power Myth
In deciding to preserve its “non-delegation” doctrine last week in the Gundy case, the Supreme Court seemingly avoided a serious disruption in government operations. But the Court’s adherence to that doctrine rests on myth more than reality.…
Constitutional Crisis—Not
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…
Presidential Elections and Foreign Influence–Not Always Improper
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…
President Trump, Congress, and Checks and Balances
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…
Pulling Too Many Strings at the Democratic Party
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…
Robert Mueller and Impeachment
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:
…
Arms Sales and the Imperial Presidency
Members of Congress have good cause to worry about the extent to which President Trump ignores legal constraints. But they also have given him plenty of authority to impose his will lawfully. Yesterday’s announcement of weapons sales to Saudi Arabia…