Why Donald Trumpβs Iran War Is Unconstitutional
The Founders were clear that Congress decides when to go to war.
My new @thedispatchmedia.bsky.social article on "Why Donald Trump's Iran War is Unconstitutional." It covers a wider range of issues than my earlier writings on this subject, including why the War Powers Act does NOT authorize this war: thedispatch.com/debates/dona...
05.03.2026 18:17
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Not yet.
05.03.2026 18:49
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Why Donald Trumpβs Iran War Is Unconstitutional
The Founders were clear that Congress decides when to go to war.
My new @thedispatchmedia.bsky.social article on "Why Donald Trump's Iran War is Unconstitutional." It covers a wider range of issues than my earlier writings on this subject, including why the War Powers Act does NOT authorize this war: thedispatch.com/debates/dona...
05.03.2026 18:17
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I understand. This isnβt just purpose. Itβs understanding the text in historical context. A context even the administration concedes is relevant.
03.03.2026 18:23
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It has been mentioned before. But my post explains how it defeats every pro-administration argument.
03.03.2026 18:17
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Slavery and Birthright Citizenship
All the Trump Administration's arguments for denying birthright ctizenshing to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendme...
Every argument for Trump claim that children of illegal migrants can be denied birthright citizenship would also have denied it to numerous freed slaves and their children, thus going against main purpose of 14th Amendment Citizenship Clause. See my post for reasons why: reason.com/volokh/2026/...
03.03.2026 02:54
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Read our #SCOTUS brief on behalf of an ideologically diverse group of scholars, including @ilyasomin.bsky.social and @amandafrost.bsky.social: www.theusconstitution.org/litigation/t...
03.03.2026 14:33
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'UNIMAGINABLE CRUELTY': Judge Gary Brown, a Trump appointeee from NY, thrashes DHS' treatment of a man who came to the US at 9 as an abuse/neglect victim, has no criminal record and became a college grad.
"The laws of decency condemn such villainy." storage.courtlistener.com/recap/gov.us...
03.03.2026 14:46
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Slavery and Birthright Citizenship
All the Trump Administration's arguments for denying birthright ctizenshing to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendme...
Every argument for Trump claim that children of illegal migrants can be denied birthright citizenship would also have denied it to numerous freed slaves and their children, thus going against main purpose of 14th Amendment Citizenship Clause. See my post for reasons why: reason.com/volokh/2026/...
03.03.2026 02:54
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Trump launched a war on Iran without a single vote in Congress. No authorization. No debate. No declaration. Just one man's decision. The Framers called this sort of thing the greatest danger to the republic.
@ilyasomin.bsky.social
02.03.2026 14:09
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Tariffs Debrief with Ilya Somin: Understanding the Supreme Court's decision
YouTube video by Society for the Rule of Law
I did a @chkbal.bsky.social podcast about the tariff case. @greggnunziata.bsky.social interviewed me. Video linked below:
www.youtube.com/watch?v=amda...
26.02.2026 18:20
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An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
This war is blatantly unconstitutional - undeniably a large enough military action to require congressional authorization. Its wisdom and morality are closer calls. But I'm skeptical regime change (which would be good) can be achieved by air attack alone: reason.com/volokh/2026/...
28.02.2026 18:37
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An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
This war is blatantly unconstitutional - undeniably a large enough military action to require congressional authorization. Its wisdom and morality are closer calls. But I'm skeptical regime change (which would be good) can be achieved by air attack alone: reason.com/volokh/2026/...
28.02.2026 18:37
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JUST IN: A federal judge says the Trump administration has been βterrorizingβ refugees β violating the promise America made to them when they fled persecution at home β by locking them up illegally. He blocked the policy for those in MN storage.courtlistener.com/recap/gov.us...
27.02.2026 22:35
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Trump v. Barbara | Constitutional Accountability Center
Read our #SCOTUS brief on behalf of an ideologically diverse group of scholars, including @amandafrost.bsky.social and @ilyasomin.bsky.social: www.theusconstitution.org/litigation/t...
27.02.2026 15:50
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Supreme Court Rules Trumpβs Tariffs Unlawful Under IEEPA by We the People
Unpacking the Supreme Court's Decision in Learning Resources, Inc. v. Trump
I did this @constitutionctr.bsky.social podcast on the Supreme Court tariff decision. Other participants were Zach Shemtob of @scotusblog.com and Julie Silverbrook (NCC). megaphone.link/NCC2191263670
27.02.2026 01:36
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Supreme Court Rules Trumpβs Tariffs Unlawful Under IEEPA by We the People
Unpacking the Supreme Court's Decision in Learning Resources, Inc. v. Trump
I did this @constitutionctr.bsky.social podcast on the Supreme Court tariff decision. Other participants were Zach Shemtob of @scotusblog.com and Julie Silverbrook (NCC). megaphone.link/NCC2191263670
27.02.2026 01:36
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Tariffs Debrief with Ilya Somin: Understanding the Supreme Court's decision
YouTube video by Society for the Rule of Law
I did a @chkbal.bsky.social podcast about the tariff case. @greggnunziata.bsky.social interviewed me. Video linked below:
www.youtube.com/watch?v=amda...
26.02.2026 18:20
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See our amicus brief for how this case can be easily resolved by just requiring state/local governments to pay at least fair market value compensation when they foreclose on property for tax delinquencies (minus amount needed to pay the taxes): www.supremecourt.gov/DocketPDF/25...
26.02.2026 03:50
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Here, as in other interviews with foreign media, I both talked about the case and emphasized that the tariffs are unpopular, and most Americans do NOT want a trade war with our allies. My very, very small contribution to maintaining the Western alliance.
26.02.2026 02:29
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Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision
Eddie Marshall | Midjourney How significant is the Supreme Court's decision striking down Trump's massive IEEPA tariffs in Learning Resourcesβ¦
In this post, I offer some thoughts on the potential broader significance of the tariff decision. Only time will tell for sure. But I and various more prominent commentators think it is likely to be significant in several different ways: reason.com/volokh/2026/...
25.02.2026 15:25
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