To view this email as a web page, click here

.
AEI's weekly digest of top commentary and scholarship on the issues that matter most

The Trump Presidency and the Constitution

Understanding Executive Power

February 8, 2025

In its first days in office, the Trump administration has rapidly asserted its executive authority over statutory agencies, funding, and personnel. Writing in National Review, Social, Cultural, and Constitutional Studies Director Yuval Levin brilliantly explains how to understand the legal and constitutional issues at stake. For more from Levin on this issue, read this interview.

 

 

The stated goal of much of this action is to save money and increase efficiency and productivity in the government. AEI scholar and former Social Security Administration (SSA) Deputy Commissioner Mark J. Warshawsky shows how Elon Musk’s Department of Government Efficiency could bring much-needed reforms—and significant savings—to the SSA.

 

In the face of Trump’s ambitious agenda, Democrats have struggled to articulate a consistent and effective response. AEI public opinion expert Ruy Teixeira argues that the party has yet to show signs that it has learned from its defeat: “[Democrats] give every indication of doubling down on their least popular policy agenda items and the resist-everything-all-the-time strategy that yielded disastrous results for them last time.”

 

Even with Democrats on the back foot, Republicans in the White House and Congress have struggled to coordinate their legislative agenda. In a new AEI report, AEI congressional expert Philip Wallach provides context on these difficulties by assessing the legislative performance of the just-concluded 118th Congress.

 

Any effective policymaking, by the president or Congress, depends on an accurate understanding of how our country is doing. AEI scholars Frederick M. Hess, Michael R. Strain, and Scott Winship contributed to a new State of the Nation Project that brought together bipartisan experts to empirically assess the United States’ performance across 37 key measures of the country’s well-being.

 

Bruen Was Right

The 2022 Supreme Court decision New York State Rifle & Pistol Association v. Bruen, written by Justice Clarence Thomas, marked a watershed in constitutional law by rejecting tiers-of-scrutiny balancing tests in favor of an originalist text-and-history test. Yet the opinion has attracted widespread criticism as incoherent and unprincipled.

 

In a new paper, AEI constitutional law scholar J. Joel Alicea provides a comprehensive defense of the opinion. Responding to critics, Alicea argues that the decision’s methodology is sound and that the text-and-history test resolves fundamental problems with tiers-of-scrutiny balancing. Rejecting Bruen risks undermining the significant progress originalism has made in recent years.

More from AEI
RESEARCH AND COMMENTARY

Every President Has a Foreign Policy. Trump Has Five.

Hal Brands
Bloomberg Opinion

The Trump Executive Orders as “Radical Constitutionalism”

Jack Landman Goldsmith and Bob Bauer
Executive Functions

Why the West Can’t Defeat the Houthis Without Securing Yemen’s Ports

Michael Rubin
19FortyFive

Snip, Snip: Spending Cuts Are Coming

Matt Weidinger
The Hill

The End of Insurance: Climate Change Is Destroying Homeowners and Insurers

Anna Scherbina and Joel Lander
MarketWatch

PODCASTS AND VIDEOS

What Is the Lost History of Congress’s Offices of Legislative Counsel?

Kevin R. Kosar and Beau J. Baumann
Understanding Congress

Michael R. Strain on the State of the US Economy

James Pethokoukis and Michael R. Strain
Political Economy with James Pethokoukis

What Can States Do to Improve Voter Lists?

John C. Fortier et al.
The Voting Booth

Sarah and Bruce Bond: A Father-Daughter Success Story

Ian Rowe et al.
The Invisible Men

The National Assessment of Educational Progress 2024 Rundown

Nat Malkus et al.
The Report Card with Nat Malkus

QUOTE OF THE WEEK

The national debt is harmful for reasons other than the possibility of a financial crisis. The national debt is reducing private investment, reducing productivity growth, and reducing the wages that workers would otherwise earn, so we need to get our house in order for that reason, which is not speculative. It’s happening this very day. It’s been for years and years and years.

Michael R. Strain