What are available mechanisms for accountability against a president who violates these rules?
Erica Newland is Counsel at Protect Democracy. Before joining Protect Democracy, she served as an Attorney Adviser at the Office of Legal Counsel in the Department of Justice. Erica has also worked at the Center for Democracy & Technology, the National Security Division at the Department of Justice, the Senate Judiciary Committee, and the State Department's Office of Democracy, Human Rights, and Labor. Erica received her J.D. from Yale Law School, and she clerked for the Honorable Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit.
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A House bill proposes a new mechanism for judicial review of war powers. Here’s how it works.
The Constitution forbids the Trump administration from allocating federal resources needed in the fight against the coronavirus to states based on politics or patronage.
If the president tries to force states to prematurely ease social distancing restrictions, they should resist. They have the Constitution on their side, and they will almost certainly win in court.
Congress has told the Trump administration that it has to produce a public war powers report by March 1. And if that doesn’t happen, private citizens can now sue over it.
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