If Donald Trump had a motto, it might be: Have carrots ready but start with sticks. With Learning Resources v. Trump, in which a 6-3 Supreme Court majority struck down Trumpโs largest group of tariffs, Americaโs judiciary has disarmed the president of one of his favorite sticks. He will no doubt find others. Yet the justices have struck an important blow for our constitutional separation of powers. They have made it clear that presidents who set themselves up as independent lawmakers generally make themselves law-breakers. This message comes across loud and…
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(This essay is the second in a series of reflections on the meaning of the Declaration of Independence in honor of its 250th anniversary. The series will run until July 4, 2026.) I. โWe hold these Truths to be self-evidentโฆโ This may be the one phrase from a historical text that most Americans have memorized. That is strange, because it is so confusing. Do Americans know they have absorbed the greatest riddle of the Declaration? Or has it sunk so deeply into our collective mind because we know it is…
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