Document Type


Publication Date


Department 1

Civil War Era Studies

Department 2



Nearly three months ago, Donald Trump assumed a presidency that, for more than a century, had grown seemingly endless discretionary powers. And he did so in company with Republican majorities in Congress and in 32 state legislatures -- all of which should have made his decisions unassailable.

Instead, he has been stymied and embarrassed by resistance from a federal judiciary that has twice halted executive orders on the most prominent issue of his presidential campaign. So, will the federal judiciary become the wall against which Trump bleeds away the power not just of his own presidency but of the “imperial presidency” we have watched a-building since the days of Teddy Roosevelt? [excerpt]


Original version available from RealClearPolitics. Also published on as "Presidents vs. The Courts."