Civitas has published my new essay, titled Trump Is Refighting The "War" That Congress and the Burger Court "Waged" Against President Nixon . This essay brings together several threads about Trump, the Roberts Court, the Burger Court, and the fallout from Watergate.

Here is a snippet:

The epochs of constitutional law in the twentieth century are well known. During the so-called Lochner Era in the early twentieth century, the Court carefully scrutinized federal and state economic regulations. The New Deal Court reversed course and largely deferred to these laws. The Warren Court is well known for expanding civil and criminal rights, while reinforcing democratic processes. The Burger Court, if it is remembered at all, unleashed Roe v. Wade (1973) on our polity. But over the ensuing three y

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