Checks and Balances

President Obama's Signing Statements and Congress's Response: A Return to Separation of Powers Sanity?

Peter M. Shane | Posted 08.21.2009 | Politics


Peter M. Shane

The intriguing debate continues on President Obama's use of signing statements to protest provisions of statutes he is signing into law.

Congressional Oversight Needed

Ginny Sloan | Posted 08.17.2009 | Politics


Ginny Sloan

Effective congressional oversight is critical for maintaining the separation of powers established under our Constitution and serves not only the interests of Congress, but also those of the executive branch and the American public.

Friday Talking Points [79] -- Judicial Activism And Bias

Chris Weigant | Posted 06.29.2009 | Politics


Chris Weigant

"Judicial activism" (or, alternatively, "legislating from the bench") is defined -- no matter what your political beliefs -- as "judges not ruling the...

Bush v. Gore Rears Its Head (Part IV): A New Check on the Court to Defend the Rule of Law

Shahid Buttar | Posted 06.28.2009 | Politics


Shahid Buttar

The false national consensus that national security should trump constitutional protections for liberty and privacy exemplifies such collusion today.

Who Is Pressing The Pressmen?

Emily Bracken | Posted 04.29.2009 | Comedy


Emily Bracken

Humorists and comedians are a curious bunch. Quixotic by nature, they want so desperately to live in a world of decency, fairness and goodness, and in Stewart's case, in a world where the media grew some cajones.

Krugman on Obama and 'You 2.0'

Juliette Powell | Posted 02.15.2009 | Politics


Juliette Powell

There have been some proposed appointments in the national security area, or at least floated appointments, that have essentially been torpedoed because the online community said, "No."

Executive Vigor Without Executive Arrogance III: Three Steps Away from the Unitary Presidency

Peter M. Shane | Posted 02.09.2009 | Politics


Peter M. Shane

My last two posts focused on whether a newly inaugurated President Obama can move energetically to displace Bush-era policy without embracing a radica...

Executive Vigor Without Executive Arrogance II: A Primer on Executive Orders

Peter M. Shane | Posted 02.09.2009 | Politics


Peter M. Shane

If the President issues a pardon, no later President can undo it. After George H. W. Bush pardoned the Iran-Contra defendants, Presidents Clinton could not say: "Hold on! I'm taking those pardons back!"

Executive Vigor Without Executive Arrogance I: Ending the Reign of Signing Statements

Peter M. Shane | Posted 01.29.2009 | Politics


Peter M. Shane

With supporters clamoring for the new president to wipe away Bush-era policies with a stroke of a pen, how can the new president wield his own pen without embracing the Bush assault on constitutionalism?

Political Parties Are Not "Checks" Or "Balances"

Chris Weigant | Posted 01.01.2009 | Politics


Chris Weigant

I'm not worried about whether checks and balances will disappear if Republicans don't have more than 40 seats in the Senate. True checks and balances are more fundamental than party affiliation.

Ending Divided Government, Bringing Back Checks and Balances

Peter M. Shane | Posted 11.21.2008 | Politics


Peter M. Shane

The end of the George W. Bush Administration will mark the end of a 40-year period during which, for thirty of those years, the White House and at lea...

Executive Privilege: Let Congress's Contempt Suit Proceed

Emily Berman and Aziz Huq | Posted 06.10.2008 | Politics


Emily Berman and Aziz Huq

The executive is assigned the tools to respond to danger -- which also makes it the branch that poses the greatest risk to our own liberties and the branch in greatest need of oversight.