The Domestic Emoluments Clause Returns To The Trump Presidential Library in Miami The Trump Library will stand tall, but the plaintiffs have no standing. Reason · May 14
Federal Officer Removal in Plaquemines Parish Justice Barrett is thinking about Chief Judge Pryor's holding that Mark Meadows could not remove the Georgia criminal prosecution to federal court. Reason · Jan 14
Does The Miscellaneous Receipts Act Apply To The President? Under the clear statement rule, it likely will not. Reason · Jan 8
Sinking And Floating Liquidation Continuing the debate over liquidation from Bruen to Slaughter. Reason · Dec 18, 2025
Chancellor James Kent on Hamilton's Federalist No. 77 and Modern Academic Commentary A guest post from Professor Seth Barrett Tillman. Reason · Nov 20, 2025
The Heritage Guide to the Constitution: Essay Nos. 76–100 To continue my preview of The Heritage Guide to the Constitution, which will ship on October 14, here are the… The post The Heritage Guide to the Constitution: Essay Nos. 76–100 appeared first on Reason.com. Reason · Sep 29, 2025
The Heritage Guide to the Constitution: Essay Nos. 26–50 To continue my preview of The Heritage Guide to the Constitution, which will ship on October 14, here are the… The post The Heritage Guide to the Constitution: Essay Nos. 26–50 appeared first on Reason.com. Reason · Sep 25, 2025
CASA, Grupo Mexicano, and Ex Parte Young Does Ex Parte Young find an "Analogue in the Relief Exercised in the English Court of Chancery"? Reason · Jul 14, 2025
Seth Barrett Tillman Interviewed in Ami Magazine I have been honored to work so closely with Seth Barrett Tillman on so many important matters. I learn a… The post Seth Barrett Tillman Interviewed in Ami Magazine appeared first on Reason.com. Reason · Jun 9, 2025
The Foreign Emoluments Clause, A Qatari Jet, and Honorary Irish Citizenship More than 100 days into the new administration, the Foreign Emoluments Clause returns to the fore. Reason · May 11, 2025
New Article: Forcibly Sweeping Section 3 Up To The Supreme Court My personal account of the Section 3 litigation. Reason · May 5, 2025
The Supreme Court's Order for Supplemental Briefing in Kennedy v. Braidwood and the Reorganization Plan of 1966 The Reorganization Plan of 1966, standing by itself, is not a statute that could vest "by law" the appointment power authority in the Secretary. Reason · Apr 28, 2025
Should A Federal District Court Hold Contempt Proceedings While An Emergency Appeal Is Ongoing? Maybe judges should hold off on ordering the executive branch to show cause until the Supreme Court finishes its review. Reason · Apr 11, 2025
SCOTUS Takes A Holiday From The Separation of Powers On The Hampton Dellinger Jitney Apart from the Appointments Clause, I think we are standing at the precipice of federal courts revolution. Reason · Feb 23, 2025
Reason · Feb 16, 2025 Federal Prosecutors Routinely Use Carrots and Sticks to "Induce" Defendants to "Support [DOJ] Policy Objectives" Another problematic point raised in a resignation letter.
Reason · Jan 21, 2025 Offices and Officers of the Constitution, Part V: The Elector Incompatibility, Impeachment Disqualification, Foreign Emoluments, and Incompatibility Clauses Everything you ever wanted to know about the Foreign Emoluments Clause.
Reason · Jan 19, 2025 Biden Office of Legal Counsel Departs From Obama-Era opinions, and Reverts to Reagan-Era Opinions, on the Difference Between "Officer of the United States" and "Office under the United States." We think OLC paid close attention to the Section 3 litigation, and did not want to be left defending a position that might be rejected by the Supreme Court
Reason · Jan 17, 2025 Guest Post from Professor Tillman: Professor Shugerman (et al) vs. Professor Prakash (et al) I am happy to publish this guest post from my frequent co-author Seth Barrett Tillman, which is cross-posted at Seth's… The post Guest Post from Professor Tillman: Professor Shugerman (et al) vs. Professor Prakash (et al) appeared first on Reason.com.
Reason · Jan 14, 2025 Jack Smith Explains Why He Did Not Charge Trump With Insurrection And Smith demonstrates why the Colorado Supreme Court got it wrong.
Reason · Dec 27, 2024 Constitutional Questions in South Korea (Updated) The opposition is trying to impeach the Acting President for insurrection, who claims he lacks the power to make appointment to constitutional court, which may not have enough members to remove the impeached President.
Reason · Dec 15, 2024 "Brazenly Partisan" Judge Wynn Withdraws Senior Status Because Trump Will Judge Stranch be the next "Obama Judge" to show her true blue colors?
Reason · Nov 22, 2024 Keep Calm About The Adjournment Clause and Read Tillman Always proceed with caution when interpreting untested provisions of the Constitution in times of controversy.
Reason · Oct 20, 2024 When Did The Supreme Court Come Out "The Other Way Than Every Court of Appeals"? Not in INS v. Chadha. Yes in Brown v. Board of Education.
Reason · Oct 1, 2024 New Eleventh Circuit Amicus Brief In Special Counsel Appeal "The District Court correctly dismissed the indictment. Amici advance four rationales to support the judgment below."
Reason · Aug 29, 2024 Some Thoughts on Raising the Sanity Waterline [I am happy to share this guest post from Professor Seth Barrett Tillman, which addresses some discourse on legal academia, including a recent post by Will Baude.] There has been much back-and-forth on social media and blogs lately about what constitutes good behaviour for academics. Having been in academic affrays…