Advisory Opinions Signing Away Constitutionality
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Jul 22, 2025 Dive into the debate over the presidential autopen and its constitutional implications on pardons. Discover the risks of these tech-based signatures and their potential disconnect from presidential intent. The discussion also tackles the tension between executive power and congressional authority, especially in education staffing. Explore the evolving landscape of progressivism and the challenges of using judicial means for social change. Plus, unpack the complexities of child abuse reporting laws against religious freedoms.
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Autopens & Mass Pardons Concern
- The misuse of the autopen for broad pardon categories undermines the individualized nature of presidential pardons.
- While legally permissible, using autopen for mass pardons raises significant constitutional and ethical concerns.
Pardon Power as Dispensing Power
- The presidential pardon power may function as a modern form of the old 'dispensing power,' allowing broad pardons contrary to the law.
- This evolution blurs lines between enforcement obligations and executive discretion with significant constitutional implications.
TikTok Ban Non-Enforcement Risks
- The DOJ's refusal to enforce the TikTok ban citing executive discretion dangerously broadens presidential power.
- Such a theory could allow ignoring almost any law under vague national security or foreign affairs claims.