petermshane a/k/a petermshane.bksy.social
@petermshane
Constitutional and admin law prof. Author, Democracy's Chief Executive (U. Cal. 2022). Podcast host @DemChiefExecPod. @Monthly contributor. Corgi-obsessed.
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I had hoped that the info shared in our @demchiefexecpod series on Project 2025 would help make the series irrelevant after the election. Alas, they may now help in seeing what’s coming. Our earliest episodes on law and the presidency also urgent. open.spotify.com/show/59gIdLq8e…
Enjoyed talking to Michael Popok on a new Legal AF episode about the Supreme Court’s inaction on ICE racial profiling and the state of separation of powers law in the Roberts Court. youtu.be/HKBxBP_ftrM?si… (I don’t title the episodes!)
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SCOTUS Crumbles in FACE of DISASTER They CREATED
Planning weekend podcast listening? The latest @monthly podcast features my talk with fellow law prof Garrett Epps on Justice Kavanaugh's recent opinion justifying the lifting of a stay against ICE raids in LA based on racial profiling. washingtonmonthly.com/2025/09/24/the…
The Roberts Court rejects race-based decision making in affirmative action plans. In ICE raids, not so much. My take in @monthly on SCOTUS’s latest stay of a lower court injunction: washingtonmonthly.com/2025/09/10/sup…
George Washington did not establish the Department of War. Congress did. And now a few words from the War of 1812. . .
“Trump’s use of executive power is not a distortion of the Roberts Court’s theory of the presidency; it is the Court’s theory of the presidency, brought to life.” My take in the Atlantic. theatlantic.com/ideas/archive/…
"In 2025, however, no one in authority takes war powers originalism seriously. The remaining institutional constraint—politics—is, for now, not even a speed bump slowing a belligerent president." My take on what bombing Iran reveals about war powers. washingtonmonthly.com/2025/07/03/tru…
In a crossover episode of @demchiefexecpod, I go from host to guest. @LindsayLangholz, @acslaw Sr. Dir. of Policy & Program and host of the ACS podcast, Broken Law, asked about Trump’s independent agency firings and the shaky future of checks and balances. open.spotify.com/episode/0juJYH…
The Supreme Court’s combination of glib history and hubris continues to fuel an executive-indulgent constitutional jurisprudence at odds with both text and political reality.
Read @petermshane's explainer: washingtonmonthly.com/2025/06/04/ano…
Pleased to be quoted in this story on Trump's efforts to "deregulate" by ignoring the law. As usual, the novelty is in the scope of Trump's lawlessness. Anything others did occasionally, he will do systematically. "Obama jaywalked? Let's do armed robbery!" wapo.st/4dqIrDN
Attached is the letter signed by Ohio State Moritz College of Law faculty, in their individual capacities, in light of current threats to constitutional democracy and the rule of law in the U.S.
On 3/12 I debated Aditya Bamzai of UVA on, “Does the Law Provide for a Unitary Executive?” at Harvard. From 20:27 to 29:22, I argue originalism is unsound, text and history favor checks and balances, and a modest UET was bound to metastasize à la Trump. youtu.be/3NEpMm-wGWw?si…
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Harvard Law School Rappaport Forum: Does the Law Provide for a...
If you’re wondering what unitary executive theory is, how an extreme version is enabling Trump, why constitutional text doesn’t align with it, and where we might be headed, here’s the link to my 3/10 conversation with Tom Gerety about the issues. youtu.be/ynEclhsYXbs?si…
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An Unchecked Presidency? A Dialogue Between Constitutional Lawyers...
Proud to be among 950+ law professors signing a letter organized by BC law prof @Kentgreenfield1 for @acslaw challenging the rampant illegality of the Trump Administration. A post at acslaw.org/press_release/… contains a link to the letter and its signatories.
If your copy of the Constitution is missing Article I, Section 8, cl. 18, a copy is available here: law.cornell.edu/constitution/a…
Congress funds and oversees the executive branch much like a Board of Directors. it does not dictate how the government operates.
The title of my essay published in The Atlantic is pretty much what I'd have thought to be a unanimous understanding of the Constitution: “Presidents May Not Unilaterally Dismantle Government Agencies.” Yet Trump's assault on checks and balances continues. theatlantic.com/ideas/archive/…
I had the privilege yesterday of being interviewed by Mitch Jeserich for the Letters & Politics program on Pacifica's KPFA radio. We discussed the history of executive power as interpreted by the Supreme Court and how we got to the present moment. kpfa.org/program/letter…
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