I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. Here’s a link to my initial post ...

My new paper on why the non-delegation doctrine applies to courts, what it means for the validity of various federal statutes, and how it relates to debates about the proper scope of federal ...

The authority to impose tariffs is nowhere to be found in the Constitution, where the limited powers of the president are enumerated.

The Constitution’s text does not mention a general power over foreign affairs. Nonetheless, some courts and commentators have suggested a foreign affairs power of the federal government arising ...

On Tuesday in United States v. Cooley, the Supreme Court upheld a power that tribal governments have long assumed they possessed as a basic necessity of ensuring public safety. The court held that ...

The post-9/11 period is certainly not the first time that presidents have claimed to have inherent constitutional powers only to subsequently abuse them.

The notion of “inherent” powers confounds this arrangement for the simple reason that they are broad, ill-defined and seemingly unaccountable to either Congress or the courts.

Inherent risk is especially common in the financial services industry, particularly when preparing tax returns and executing audits.

The Ohio Constitution grants "certain inherent powers to the courts that enable them to preserve and protect their own existence and to safeguard their capacity to perform judicial functions ...

I've posted my new paper, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, to SSRN. I'll be blogging about it over the next ...