Peter M. Shane
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petermshane.bsky.social
Peter M. Shane
@petermshane.bsky.social

Constitutional and admin law prof. Author, Democracy's Chief Executive (U. Cal. 2022). Podcast host @DemChiefExecPod. @Monthly contributor. Corgi-obsessed.

Peter Milo Shane is an American legal scholar and writer. He is currently the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at the Moritz College of Law at The Ohio State University, where he taught from 2003-2021.[1] Since 2022, he has been a Distinguished Scholar in Residence and Adjunct Professor at the New York University School of Law. [2] .. more

Political science 50%
Economics 18%
Pinned
“Trump’s use of executive power is not a distortion of the Roberts Court’s theory of the presidency; it is the Court’s theory of the presidency, brought to life.” My take in The Atlantic. www.theatlantic.com/ideas/archiv...
This Is the Presidency John Roberts Has Built
The country is witnessing the creation of an all-powerful institution, and one man is responsible.
www.theatlantic.com

Looked at in the context of a month's headlines, one might conclude that, in going after Powell, Trump is trying to preserve his dominance on every front with uses of force--military, economic, and legal--that may actually be highlighting, rather than obscuring his increasing political weakness.

Add:

Kneecapping federal agencies.
Defunding science research.
Squandering decades of effort building international goodwill.
Terrorizing American citizens.
Threatening American allies.
Covering up for American sex criminals.

Welcome to the Trump administration, 2026!
Terrorizing American citizens.
Threatening American allies.
Covering up for American sex criminals.

Welcome to the Trump administration, 2026!

Any such funds would be controlled by Congress, not by Trump.
The technical term, in international law for this is "a smash and grab"
Trump on Venezuela oil:
The technical term, in international law for this is "a smash and grab"
Trump on Venezuela oil:

Could our Congressional leaders get beyond, "We're upset because not consulted" process objections and coalesce around something meaningful, e.g., "No funds in any appropriation may be used for the purpose of pursuing the acquisition of Greenland, whether through military or other means."

Trump reportedly said Melania has criticized two of bits of his shtick as unpresidential, one if which is his damcing at rallies. “Can you imagine,” he quotes her as saying, “FDR dancing?” Does either one know FDR had polio? www.newsweek.com/trump-melani...
Donald Trump reveals two things Melania says are "unpresidential" about him
At a House GOP retreat, Trump revealed that his wife dislikes his rally dancing and weightlifting gestures.
www.newsweek.com

Of course, he knew what he was doing. He didn't have the backbone to do what he knew was right.
Cassidy should have thought about that before he voted to confirm the deadly menace known as RFK Jr.
Cassidy should have thought about that before he voted to confirm the deadly menace known as RFK Jr.

Trump promised MAGA Epstein transparency and not to start wars. It’s staggering how far he’ll go in breaking the second promise to avoid keeping the first.

Remember when Secretary of State Cyrus Vance felt compelled to resign from the Carter Administration because he disagreed with the decision to try invading Iran to recapture the U.S. and Canadian hostages? Any word on DNI Gabbard's plans?

I'm old enough to remember when presidents had to at least pretend that unlawful military adventurism was necessary to defend democracy or relieve a humanitarian crisis.

My July Washington Monthly essay on the bipartisan embrace of presidential unilateralism in deploying military force explains how political practice has eviscerated the Framers' emphasis on interbranch deliberation as a constitutional precondition for warmaking. washingtonmonthly.com/2025/07/03/t...
Trump’s Bombing Iran and Its Nuclear Sites: The Continued Constitutional Fallout
Trump’s Iran bombing shows how presidents have sidelined Congress on war, and are no longer constrained by constitutional limits.
washingtonmonthly.com

Maduro may have enough cash to buy a pardon.

I went through a similar thought process in deciding between the two words!

Too often forgotten that, with regard to federal office, the pre-Bill of Rights Constitution provided: "no religious test shall ever be required as a qualification to any office or public trust under the United States." The NY Const. also prohibits any test other than the oath to hold public office.
this is all 100% correct, and the flip side is that the people wanting non-Christians to be sworn in on a Bible are trying to assert the Christian Bible as the sole source of both law and morality, and they want to bind everyone else to that form of law

they want Mamdani to kneel to *their* god
Strange takes on Mayor Zamdani swearing his oath on the Qu’ran. It has nothing to do with church & state. The point of the oath is for the person swearing in to do so upon some text that is sacred TO THEM. Some Presidents swore in w/o any book. John Quincy Adams was sworn on a law book. His choice.

Reposted by Peter M. Shane

this is all 100% correct, and the flip side is that the people wanting non-Christians to be sworn in on a Bible are trying to assert the Christian Bible as the sole source of both law and morality, and they want to bind everyone else to that form of law

they want Mamdani to kneel to *their* god
Strange takes on Mayor Zamdani swearing his oath on the Qu’ran. It has nothing to do with church & state. The point of the oath is for the person swearing in to do so upon some text that is sacred TO THEM. Some Presidents swore in w/o any book. John Quincy Adams was sworn on a law book. His choice.

I thought the line would end with the word, "solidarity," which I do think is a source of warmth.

Not that I'm expecting it, but I explain in Washington Monthly why upholding Congress's power to create independent multimember agencies could coexist with the Roberts Court's other holdings on POTUS removal power and would enhance the Court's legitimacy. washingtonmonthly.com/2026/01/02/s...
Save Humphrey’s Executor. Save the Supreme Court (Sort Of)
Overturning Humphrey’s Executor would gut independent agencies. The Supreme Court still has a principled way out.
washingtonmonthly.com

Reposted by Peter M. Shane

A modest proposal for how the justices can do the right thing and be true to themselves as they decide the fate of independent agencies. From @petermshane.bsky.social:

washingtonmonthly.com/2026/01/02/s...
Save Humphrey’s Executor. Save the Supreme Court (Sort Of)
Overturning Humphrey’s Executor would gut independent agencies. The Supreme Court still has a principled way out.
washingtonmonthly.com

Next Dem POTUS to-do list:

1. Abolish ICE
2. Redesign East Wing and de-brothel-ize White House decor
3. So much else
If the next Democratic president doesn’t abolish ICE then the Dems deserve to lose forever
Exclusive: ICE officials plan to spend $100 million to recruit gun-rights supporters and military enthusiasts through online influencers and a geo-targeted ad campaign, part of what the agency called a “wartime recruitment” strategy to hire thousands of officers, according to an internal document.

Reposted by Peter M. Shane

If the next Democratic president doesn’t abolish ICE then the Dems deserve to lose forever
Exclusive: ICE officials plan to spend $100 million to recruit gun-rights supporters and military enthusiasts through online influencers and a geo-targeted ad campaign, part of what the agency called a “wartime recruitment” strategy to hire thousands of officers, according to an internal document.
ICE plans $100 million ‘wartime recruitment’ push targeting gun shows, military fans
An internal ICE document shared among immigration officials details plans to use influencers and geo-targeted ads to rapidly hire thousands of deportation officers.
www.washingtonpost.com

Sly and the Family Stone Temple Pilots

There’s no subtweet here. I’m just saying that, mathematically, billionaires today control a magnitude of resources without accountability far beyond the level of governmental purchasing power at the Founding. That’s a lot of economic power to control without accountability.

Congress’s first appropriation to run the government in 1789 was $639,000 — between $23-24 million in current dollars. Lest those resources be used to support tyranny, the people had erected a complex system of checks and balances. A 2025 billionaire controls over 42 times those resources unchecked.

Is there a guide connecting how long ago our forebears cane to the U.S. and how much criticism we can direct at slaveholding Founders and reactionary judges? In my case, the immigrants were grandparents on one side and great-grandparents on the other. May I spew venom? Ooze disdain? Hurl a barb?

SCOTUS has let stand the bar to Trump's use of the National Guard for law enforcement in Illinois. As I mentioned recently in Washington Monthly, the Court has an easier time policing Trump's overreading of statutes than his simply disobeying or ignoring them.
www.documentcloud.org/documents/26...
25A443 Order
www.documentcloud.org

Aren’t those called biscuits?

Who knew this was a cognitive test??

Searching for Trump yields 0 items. Searching for Clinton: 109.
DOJ Epstein Library says: "Due to technical limitations and the format of certain materials (e.g., handwritten text), portions of these documents may not be electronically searchable or may produce unreliable search results." Searches for "Trump" or "Wexner" yield 0 results.
www.justice.gov/epstein
Department of Justice | Homepage | United States Department of Justice
www.justice.gov