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

There should be new legislation on civil liability for federal officers who violate constitutional rights and establishing operational limits for the proper enforcement of immigration law.
Voting NO on the DHS funding bill is the bare minimum.

Backing Kristi Noem’s impeachment is the bare minimum.

Holding law-breaking ICE agents legally accountable is the bare minimum.

ICE is beyond reform. Abolish it.
Voting NO on the DHS funding bill is the bare minimum.

Backing Kristi Noem’s impeachment is the bare minimum.

Holding law-breaking ICE agents legally accountable is the bare minimum.

ICE is beyond reform. Abolish it.

It what he was “calling for.” I am calling for a vast reduction in income inequality, higher marginal tax rates for the top 1% of earners, higher quality free education for all children regardless of zip code, foundation support for first-rate local news reporting in every county in America, …
Exhibit #4,293 for Watch What He Does, Not What He Says: Trump floated a 10% cap on credit card interest rates, to take effect... yesterday.

Just checked my statement. Rates are still higher than 10%.

Turns out this was all hot air, which took a whole news cycle but achieved nothing.

The trick is to get more people registered, The turnout among registered voters is much higher.

It would be enough to stop third party spoilers if all elections required a 50+% of the vote to be named the winner, whether through ranked choice or a runoff. We could have a multiparty system without losing majority rule.
The fact that it prevents third parties from emerging is something I *like*
FPTP actively prevents a useful and necessary third party from emerging, because a vote for a third party puts those constituents' last-choice candidate in power. It actively prevents good third parties! The Founders lacked the mathematics to understand why FPTP's good vibes were insufficient.

Reposted by Peter M. Shane

The fact that it prevents third parties from emerging is something I *like*
FPTP actively prevents a useful and necessary third party from emerging, because a vote for a third party puts those constituents' last-choice candidate in power. It actively prevents good third parties! The Founders lacked the mathematics to understand why FPTP's good vibes were insufficient.

Many a sixth-grade mean girl has thought to create a “club” primarily for the fun of telling some brighter kid, “You can’t be a member!” But no one before called their club the Board of Peace.

Reposted by Peter M. Shane

Exhibit #4,293 for Watch What He Does, Not What He Says: Trump floated a 10% cap on credit card interest rates, to take effect... yesterday.

Just checked my statement. Rates are still higher than 10%.

Turns out this was all hot air, which took a whole news cycle but achieved nothing.

But it also explains his uninterest in literature, medicine, and economics . . .
This is 25th Amendment shit.
Not the sort of letter committed to paper by a well man. "Considering your Country decided not to give me the Nobel Peace Prize for having stopped 8 Wars PLUS, I no longer feel an obligation to think purely of Peace"

Reposted by Peter M. Shane

This is 25th Amendment shit.
Not the sort of letter committed to paper by a well man. "Considering your Country decided not to give me the Nobel Peace Prize for having stopped 8 Wars PLUS, I no longer feel an obligation to think purely of Peace"

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