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David Driesen

@daviddriesen.bsky.social

University Professor, Syracuse University. Author, The Specter of Dictatorship: Judicial Enabling of Presidential Power (2021); The Economic Dynamics of Law, The Economic Dynamics of Environmental Law; Environmental Law: A Conceptual and Pragmatic Approach

91 Followers  |  72 Following  |  36 Posts  |  Joined: 17.11.2024  |  1.8887

Latest posts by daviddriesen.bsky.social on Bluesky

This is the most cogent analysis I've seen of Trump's construction of a police state.

09.07.2025 20:46 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0
Does a Removal Power Exist? Joseph Story and Selective Living Originalism โ€“ Constitutional Commentary

Constitutional Commentary just published my article examining Justice Story's views on presidential removal of executive branch officials. The analysis suggests that the Supreme Court practices selective living originalism,. constitutionalcommentary.lib.umn.edu/article/does...

03.07.2025 15:50 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Exactly. But fidelity to law is most consistent with the District Courts. As one moves up the appellate ladder, fidelity to the rule of law, competence, and wisdom diminish, while arrogant political rulings increase. The Supreme Court is indeed actively destroying constitutional government.

29.06.2025 20:54 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0
CONTEXT, COMMON SENSE, AND THE MAJOR QUESTIONS DOCTRINE: A RESPONSE TO JUSTICE BARRETT | Published in Albany Law Review By David M. Driesen. This Essay evaluates Justice Amy Coney Barrettโ€™s invocation of context and common sense in her approach to the major questions doctrine and statutory interpretation.

The Albany Law Review just published my critique of Justice Barrett's claim that "common sense" supports the major questions doctrine. www.albanylawreview.org/article/1412...

27.06.2025 16:03 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

House GOP is holding a hearing on their tax bill at 1:00 AM because they don't want us to know about their scheme to strip 13.7 million people of health coverage & they think no one will stay awake for it.

Iโ€™ll be there, testifying & offering amendments to protect our families.

20.05.2025 17:40 โ€” ๐Ÿ‘ 27648    ๐Ÿ” 8791    ๐Ÿ’ฌ 1221    ๐Ÿ“Œ 442
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The dangerous legal theory behind Trumpโ€™s power grabs There was no "unitary executive" until some dudes made the idea up to save Nixon.

Mother Jones published a fine article on the unitary executive theory, which quotes me, Noah Rosenbloom, Jed Shugerman, and Jack Goldsmith: www.motherjones.com/politics/202...

05.05.2025 15:51 โ€” ๐Ÿ‘ 2    ๐Ÿ” 1    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0
Leader Schumer released this statement blasting President Bukele's comments and calling on the Trump administration to return Kilmar Abrego Garcia to the United States.

Leader Schumer released this statement blasting President Bukele's comments and calling on the Trump administration to return Kilmar Abrego Garcia to the United States.

A threat to one is a threat to all.

My statement on Trumpโ€™s outrageous attack on due process and the rule of law:

14.04.2025 21:44 โ€” ๐Ÿ‘ 951    ๐Ÿ” 197    ๐Ÿ’ฌ 1223    ๐Ÿ“Œ 169
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Schumer: "They've actually put tariffs on penguins but not Putin."

05.04.2025 02:31 โ€” ๐Ÿ‘ 9578    ๐Ÿ” 1860    ๐Ÿ’ฌ 863    ๐Ÿ“Œ 188
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The Judgesโ€™ Dream World | The Regulatory Review President Trumpโ€™s removal of agency heads without cause threatens the rule of law.

This blogpost argues that some of the D.C. Circuit judges adjudicating preliminary orders in the cases about firing independent agency board members are living in a "dream world" by imagining that these actions are part of faithful law execution. www.theregreview.org/2025/04/09/d...

09.04.2025 14:13 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 1

He does know what he's doing. He is serving Putin by crashing our economy. Do you think that a President who threatens to attack our allies, starts a trade war, supports Russia's war with Ukraine, dismantles the government, and carries out mass deportation of our labor force works for us? .

04.04.2025 21:16 โ€” ๐Ÿ‘ 2    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Why? Do the other pending cases involve contracts that might be litigated in the court of claims?

04.04.2025 21:12 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Yup. So doesn't your fiduciary duty demand your resignation from government?

29.03.2025 18:44 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

This is not incompetence. The administration is serving Russian interests by providing opening to weaken our army, our economy, and our government. Why does everybody assume that they are bunglers with good intentions. There is no evidence of good intentions.

29.03.2025 18:43 โ€” ๐Ÿ‘ 24    ๐Ÿ” 4    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
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Donald Trump and Elon Musk want a shutdown to destroy vital government services faster.

It would be a disaster.

And we have to alert everyone how much pain it would cause the American people.

From my interview on @allinwithchris.bsky.social:

14.03.2025 03:15 โ€” ๐Ÿ‘ 510    ๐Ÿ” 193    ๐Ÿ’ฌ 15717    ๐Ÿ“Œ 744
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Trump, Musk, and DOGE would use the power of a shutdown to shift into overdrive.

And the courts, one of our best places to fight these autocrats, could quickly run out of money.

We canโ€™t let this happen.

14.03.2025 21:54 โ€” ๐Ÿ‘ 513    ๐Ÿ” 163    ๐Ÿ’ฌ 12835    ๐Ÿ“Œ 589
Senator Schumer at Montefiore Hospital in the Bronx, March 18, 2025.

Senator Schumer at Montefiore Hospital in the Bronx, March 18, 2025.

Senator Schumer at Montefiore Hospital in the Bronx, March 18, 2025.

Senator Schumer at Montefiore Hospital in the Bronx, March 18, 2025.

Today on this Medicaid Day of Action, I headed to Montefiore Hospital in the Bronx. Itโ€™s the only hospital in the Bronx providing comprehensive cancer services, and 2/3s of patients rely on Medicaid and Medicare.

Trump is trying to rip away this lifeline so he can give tax breaks to billionaires.

18.03.2025 21:14 โ€” ๐Ÿ‘ 343    ๐Ÿ” 100    ๐Ÿ’ฌ 3137    ๐Ÿ“Œ 132
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AOC: What they like to call as radical, I believe is common sense.

I believe that when a person gets sick, they shouldnโ€™t go bankrupt in the wealthiest country in the history of the world. Common sense

I believe that a minimum wage should cover the minimum cost to live. Common sense...

20.03.2025 21:33 โ€” ๐Ÿ‘ 71786    ๐Ÿ” 15875    ๐Ÿ’ฌ 1105    ๐Ÿ“Œ 863
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Holy shit. Republican Harriet Hagemen got torn apart at a town hall in Wyoming last night. In a state that voted for Trump by 46 points.

She tried defending DOGE and it went as well as youโ€™d imagine.

โ€œDeport Elon, Deport Elon!โ€

Watch to the endโ€ฆ

20.03.2025 14:35 โ€” ๐Ÿ‘ 8250    ๐Ÿ” 2309    ๐Ÿ’ฌ 617    ๐Ÿ“Œ 847
Post image 20.03.2025 14:21 โ€” ๐Ÿ‘ 20    ๐Ÿ” 7    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 1

These are good points, but you folks are acting like this is a normal policy debate with Republicans. It isn't. Trump is establishing a dictatorship and has taken steps to make it a military dictatorship. You need to say that clearly using the same phrase every day to reframe this crap.

05.03.2025 01:01 โ€” ๐Ÿ‘ 4    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Trump said that he would lower costs โ€œon day one,โ€ but he hasnโ€™t done a thing to bring down prices, no matter what he claims tonight.
ย 
โฌ†๏ธWholesale egg prices are up.
โฌ†๏ธWholesale coffee prices are up.
โฌ†๏ธLumber prices are up.
ย 
We need lower costs, not tax cuts for billionaires.

05.03.2025 00:16 โ€” ๐Ÿ‘ 178    ๐Ÿ” 20    ๐Ÿ’ฌ 21    ๐Ÿ“Œ 1

Plus there's no real claim that any of these contracts were fraudulent. Saying that they are wasteful can be (and seems to be) just another way of saying Musk does not want the government to spend the money that Congress required the executive branch to disburse.

05.03.2025 00:59 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

THE TRUTH COMES OUT

Trumpโ€™s White House says the veterans his admin fired were perhaps โ€œnot fitโ€ for their jobs.

An obscene way to talk about Americaโ€™s veterans. They put their lives on the line for us. We owe them a debt we can never repay.

Dems are fighting for them.

Trump is mocking them.

04.03.2025 20:35 โ€” ๐Ÿ‘ 741    ๐Ÿ” 177    ๐Ÿ’ฌ 169    ๐Ÿ“Œ 16

Trump wonโ€™t say a thing tonight about his broken promise to bring inflation down on DAY ONE.

Trump wonโ€™t talk about how his policies are raising costs for American families.

All to lower taxes for billionaires.

Democrats are fighting for families.

04.03.2025 18:50 โ€” ๐Ÿ‘ 300    ๐Ÿ” 45    ๐Ÿ’ฌ 118    ๐Ÿ“Œ 7

Makes sense. They represent the oligarchs who finance their campaign not the average voter. So why talk to them? Maybe their not showing up will finally convince their voters of that fact.

04.03.2025 22:05 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Trump's tariffs on Canada and Mexico mean Americans families could see $2,000 more in expenses every year.

Trump is starting a trade war with our closest trade partners.

And all so he can cut taxes for his billionaires' club.

Democrats will not stop fighting for families.

04.03.2025 19:03 โ€” ๐Ÿ‘ 292    ๐Ÿ” 52    ๐Ÿ’ฌ 84    ๐Ÿ“Œ 4

He isn't dumb. He is a Russian asset trying to destroy the west by sowing division and strife while destroying the U.S. government. Seems to me he's doing great at advancing Putin's interests.

04.03.2025 21:26 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Correct. Boycott if you want to protest, but don't heckle like you're Marge Greene.

04.03.2025 16:47 โ€” ๐Ÿ‘ 1213    ๐Ÿ” 122    ๐Ÿ’ฌ 91    ๐Ÿ“Œ 4

Iโ€™m not going to the Joint Address. I will be live posting and chatting with you all here instead. Then going on IG Live after.

04.03.2025 18:08 โ€” ๐Ÿ‘ 167734    ๐Ÿ” 16104    ๐Ÿ’ฌ 8462    ๐Ÿ“Œ 1576

When they say โ€œfree speech,โ€ they mean THEY can do and say what they want without criticism.
And they get to use the power of the state to punish their critics.

04.03.2025 13:54 โ€” ๐Ÿ‘ 21    ๐Ÿ” 5    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 1

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