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Trump Asserts a Muscular Vision of Presidential Power on First Day Back
After President Trump left the White House in 2021, critics of his norm-breaking use of executive power implored Congress to tighten legal limits on when presidents can unilaterally reshape American government with the stroke of a pen. But lawmakers largely did not act.
On Monday, as Mr. Trump took the oath of office to begin his second term, he asserted a muscular vision of presidential power. He not only revived some of the same expansive understandings of executive authority that were left unaddressed, but went even further with new claims of sweeping and inherent constitutional clout.
Among a blizzard of executive orders, Mr. Trump instructed prosecutors not to enforce a law that bans the popular social media app TikTok until its Chinese owner sells it. President Joseph R. Biden Jr. had signed the measure into law after it passed with broad bipartisan support, and the Supreme Court unanimously upheld it.
Whatever the law’s merits, the Constitution says presidents “shall take care that the laws be faithfully executed.” Mr. Trump offered no clear explanation for how he has any legitimate power to instead suspend the law, making only a vague gesture toward his “constitutional responsibility” for national security, foreign policy “and other vital executive functions.”
Unilateral actions like emergency declarations and executive orders cannot create new legal powers for a president. Instead, they are a vehicle by which presidents exercise legal authority they already have, either because the Constitution has bestowed it upon their office or because Congress passed a law creating it.
That said, there are often disputes about the proper interpretation of the scope and limits of executive power. It is not uncommon for a president to use an executive order to take some action whose legal legitimacy is contested, leading to court fights that ultimately come before the Supreme Court.
It is not clear that anyone opposed to suspending the TikTok law would have standing to sue. But many of Mr. Trump’s moves concerned immigration law, making it very likely that legal challenges will follow and the legitimacy of his executive power claims will land before judges.
In several orders, Mr. Trump invoked his constitutional role as the military’s commander in chief, portraying migrants as invaders while blurring the line between immigration law enforcement and war powers.
“As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is exactly what I am going to do,” he said in his inaugural speech.
Among those orders, Mr. Trump declared that newly arriving migrants may not invoke a law allowing them to request asylum. As a basis, he said the Constitution gave him “inherent powers” to “prevent the physical entry of aliens involved in an invasion into the United States,” in addition to citing a few vague provisions of immigration laws.
Another such order directed the U.S. Northern Command, which oversees military operations in continental North America, to swiftly draw up a plan for a “campaign” to seal the border “by repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”
Mr. Trump and his advisers have talked about invoking the Insurrection Act to use troops as additional immigration agents at the border. But the order referred only to his constitutional power as commander in chief, raising the possibility that he is envisioning using troops for a military operation rather than to act as law enforcement.
Some of the orders were a return to fights over executive power that surfaced during Mr. Trump’s first term.
On Monday, Mr. Trump reprised a move from 2019 by declaring a national emergency at the border. He also invoked a statute that allows presidents, during an emergency, to redirect military funds for construction projects related to the exigency. His purpose, in 2019 and again now, was to spend more taxpayer money on a border wall project than lawmakers authorized.
Is there really an emergency that an extended border wall would address, and that would justify circumventing Congress’s role in deciding where to direct taxpayer money?
A wall does not address the main border problem in recent years: the overwhelming number of migrants requesting asylum, flooding the system and leading to lengthy backlogs for hearings. And over the past seven months, illegal crossings have plunged to the lowest levels since the summer of 2020, during the early phase of the coronavirus pandemic.
But facts matter little to whether or when it is legal for presidents to invoke emergency power, declarations that are governed by the National Emergencies Act of 1976.
That law does not tightly define the circumstances under which presidents may determine that an emergency exists, leaving them with essentially unfettered discretion to unlock exigent powers for themselves. But previous presidents adhered to norms of self-restraint.
In his first term, critics challenged the legal legitimacy of Mr. Trump’s border wall spending, but the Supreme Court never resolved the dispute before Mr. Biden took office and canceled the projects. So any new legal challenge would have to start from scratch.
In the wake of Mr. Trump’s first term, House Democrats in 2021 passed a bill that would have tightened limits on presidential use of emergency powers, part of a package of reforms they called the “Protecting Our Democracy Act.” But Republicans opposed the measure as a partisan attack on a president who was no longer in office anyway, rendering it dead on arrival in the Senate.
Mr. Trump’s absence from the presidency, however, turned out to be temporary.
In the show of force upon his return to office, he also declared a national energy emergency so that, as he said in his inaugural speech, “we will drill, baby, drill.” No president has declared that type of emergency before, and it empowers him to suspend legal protections for the environment and to speed up permits for new oil and gas projects.
The nation’s energy situation hardly seems like an emergency: The United States is producing more oil than any country ever has, in no small part because of the fracking boom and because of thousands of new permits to drill on federal lands issued by the Biden administration — outpacing Mr. Trump’s first-term record. Prices for gasoline, natural gas and electricity are relatively low compared with their historical levels.
But the order said Mr. Trump had determined that Biden administration policies had “driven our nation into a national emergency, where a precariously inadequate and intermittent energy supply, and an increasingly unreliable grid, require swift and decisive action.” He also cited a growing need for electricity to run computer servers for artificial intelligence projects.
Elizabeth Goitein, a director of the Brennan Center for Justice’s Liberty and National Security Program who has written extensively on presidential emergency power, predicted that many of Mr. Trump’s planned actions would be challenged in court.
“Emergency powers should never be used to address longstanding problems like unlawful migration that can and should be addressed through legislation,” said Ms. Goitein, who was among those calling on Congress to curb presidential power. “The bad news is that Congress failed to enact reforms to the National Emergencies Act that would have helped prevent such abuses.”
There is no dispute that Mr. Trump had legitimate authority to take other unilateral actions. The Constitution clearly gives presidents unfettered authority to grant pardons to people for federal criminal offenses or to commute their sentences, for example, so there is little doubt Mr. Trump had the power to grant clemency to all of the nearly 1,600 people charged or convicted of crimes in connection with the Capitol riot.
But Mr. Trump appeared to put forward novel or expansive interpretations of legal authorities in other ways.
He ordered his administration to make recommendations about whether to designate certain transnational gangs and drug cartels as “foreign terrorist organizations,” stretching a law that is intended for groups that use violence for geopolitical and ideological purposes to criminal groups that, while also violent, are motivated by profit.
He also set in motion the possibility of invoking the Alien Enemies Act of 1798 to summarily expel immigrants suspected of being members of drug cartels and transnational criminal gangs without full due process hearings. That law’s text seems to require a link to the actions of a foreign government, so it is not clear whether the courts will allow Mr. Trump to invoke it to deny deportation hearings to people.
Mr. Trump is also seeking to change the basic understanding of a provision of the Constitution’s 14th Amendment that grants citizenship to most babies born on American soil and “subject to the jurisdiction” of the U.S. government. That provision has long been understood to include infants born to undocumented parents.
In an order, Mr. Trump invoked a theory developed by conservatives who want to curtail so-called birthright citizenship because they see it as a magnet for illegal immigration. By that rationale, the provision could be interpreted to not apply to babies whose parents are not American citizens or lawful permanent residents, even though visitors or undocumented people are subject to the jurisdiction of government prosecutors if they break the law.
Mr. Trump instructed agencies to refrain from issuing citizenship-affirming documents — like passports and Social Security cards — to infants born to undocumented immigrants or to parents lawfully but temporarily visiting the United States, starting with births 30 days from now.
Hours later, critics, including a coalition of Democratic-controlled states, brought multiple court challenges against it. Mr. Trump, the coalition asserted, sought to breach “this well-established and longstanding constitutional principle by executive fiat.”
It was yet another legal claim that seemed destined to come before the Supreme Court.
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US planning to seize Iran-linked ships in coming days, WSJ says | The Jerusalem Post
The US is planning to board and seize Iran-linked oil tankers and commercial ships in the coming days, according to a Saturday report by The Wall Street Journal.
The report noted that these actions would take place in international waters, potentially outside of the Middle East.
The US “will actively pursue any Iranian-flagged vessel or any vessel attempting to provide material support to Iran,” US Chairman of the Joint Chiefs of Staff Gen. Dan Caine said. “This includes dark fleet vessels carrying Iranian oil.”
“As most of you know, dark fleet vessels are those illicit or illegal ships evading international regulations, sanctions, or insurance requirements,” Caine continued.
Caine was further quoted as saying that the new campaign, which would be operated in part by the US Indo-Pacific Command, would be part of a broader US President Donald Trump-led campaign against Iran, known as “Economic Fury.”
White House spokeswoman Anna Kelly told the WSJ that Trump was “optimistic” that the new measures would lead to a peace deal.
The potential US military action comes as Iran tightens its grip on the Strait of Hormuz, including attacking several ships earlier on Saturday, the WSJ reported.
The report cited CENTCOM as saying that the US has already turned back 23 ships trying to leave Iranian ports since the start of its blockade on the Strait.
The expansion of naval action beyond the Middle East will provide the US with further leverage against Iran by allowing it to take control of a greater number of ships loaded with oil or weapons bound for Iran, the report noted.
“It’s a maximalist approach,” said associate professor of law at Emory University Law School Mark Nevitt. “If you want to put the screws down on Iran, you want to use every single legal authority you have to do that.”
Iran claimed earlier on Saturday that it had regained military control over the Strait, intending to hold it until the US guarantees full freedom of movement for ships traveling to and from Iran.
“As long as the United States does not ensure full freedom of navigation for vessels traveling to and from Iran, the situation in the Strait of Hormuz will remain tightly controlled,” the Iranian military stated.
In addition, Iranian Supreme Leader Mojtaba Khamenei declared on Saturday in an apparent message on his Telegram channel that the Iranian navy is prepared to inflict “new bitter defeats” on its enemies.
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Video: The Origins of the Supreme Court’s Shadow Docket
new video loaded: The Origins of the Supreme Court’s Shadow Docket

By Jodi Kantor, Alexandra Ostasiewicz, June Kim and Luke Piotrowski
April 18, 2026
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What’s it like to negotiate with Iran? We asked people who have done it
A Pakistani Ranger walks past a billboard for the U.S.-Iran peace talks in Islamabad on April 12, 2026. The talks, led by Vice President JD Vance, produced no concrete movement toward a peace deal.
Farooq Naeem/AFP via Getty Images
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Farooq Naeem/AFP via Getty Images
Despite stalled talks with Iran and a fragile ceasefire nearing its end, President Trump expressed optimism this week that a permanent deal is within reach — one that may include Iran relinquishing its enriched uranium. However, experts who spent months negotiating a nuclear agreement during the Obama administration say mutual mistrust, starkly different negotiating styles make a quick truce unlikely.

Referring to Vice President Vance’s whirlwind negotiations in Islamabad last week that appear to have produced little beyond dashed expectations, Wendy Sherman, the lead U.S. negotiator on the Joint Comprehensive Plan of Action (JCPOA) nuclear deal finalized in 2015, says the administration’s approach was all wrong.
“You cannot do a negotiation with Iran in one day,” she told NPR’s Here & Now earlier this week. “You can’t even do it in a week.” To get agreement on the JCPOA, she said, it took “a good 18 months.”
The talks leading to that deal highlighted Iran’s meticulous style of negotiation, says Rob Malley, who was also part of the JCPOA negotiating team and later served as a special envoy to Iran under President Joe Biden.
Summing up the two sides’ differing styles, Malley said: “Trump is impulsive and temperamental; Iran’s leadership [is] stubborn and tenacious.”
U.S. Secretary of State John Kerry speaks during a news conference on the Iran nuclear talks deal at the Austria International Centre in Vienna, Austria on July 14, 2015.
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In 2015, patience led to a deal
The talks in 2015, led by Secretary of State John Kerry and Iran’s Foreign Minister Mohammad Javad Zarif, culminated with a marathon 19-day session in Vienna to finish the deal, says Jon Finer, a former U.S. deputy national security adviser in the Biden administration. Finer was involved in the negotiations as Kerry’s chief of staff. He said his boss’s patience “was a huge asset” in getting the deal to the finish line, he said.
Mohammad Javad Zarif, Iran’s foreign minister during the negotiations for the Obama-era nuclear deal, speaks on April 22, 2016 in New York.
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“He would endure lectures … ‘let me tell you about 5,000 years of Iranian civilization’… and just keep plowing ahead,” Finer said, adding that a tactic of Iranian negotiators seemed to be “to say no to everything and see what actually matters” to the U.S.
“They’re just maddeningly difficult,” he said. “You need to go back at the same issue 10 or 12 times over weeks or months to make any progress.”
Even so, Finer called the Iranian negotiators “extremely capable” — noting that, unlike the U.S., they often lacked expert advisers “just outside the room,” yet still mastered the details of nuclear weapons, nuclear materials and U.S. sanctions.
“They were also negotiating not in their first language,” Finer added. “The documents were all negotiated in English, and they were hundreds of pages long with detailed annexes.”
Vance’s trip to Islamabad suggests that the U.S. doesn’t have the patience for a negotiation to end the conflict that could be at least as complex and time-consuming. “The Trump administration came in with maximalist demands and actually just wanted Iran to capitulate,” Sherman, who served as deputy secretary of state during the Biden administration, told Here & Now. “No nation – even one as odious as the Iran regime – is going to capitulate.”
Distrust but verify
Iran was attacked twice in the past year. First in June of last year, as nuclear negotiations were ongoing, Israel and the U.S. struck the country’s nuclear facilities. Months later, at the end of February, Iran was attacked again at the start of the latest conflict. This time around, “the level of trust is probably almost at an all-time low,” Malley said.
“It’s hard for them to take at their word what they’re hearing from U.S. officials,” Malley said. The Iranians, he said, have to be wondering how long any commitment will last and “will be very hesitant to give up something that’s tangible” – such as their enriched uranium – in exchange for anything that isn’t ironclad or subject to suddenly be discarded by Trump or some future president.
“Once they give up their stockpile … they can’t recapture it the next day,” Malley said.
Even during the 2013-2015 nuclear deal talks, the decades of mistrust between Tehran and Washington were impossible to ignore, Finer said. “Our theory was not trust but verify — it was distrust but verify,” he said, adding: “I think that was their theory too.”
Malley cautions about relying on the JCPOA as a guide to how peace talks to end the current war might go. The leadership in Tehran that agreed to the deal is now gone — killed in Israeli airstrikes, he says. The regime’s military capabilities are also greatly diminished and “whatever lessons were learned in the past … have to be viewed with a lot of caution, because so much has changed,” he said.
Negotiations have a leveling effect
Mark Freeman, executive director of the Institute for Integrated Transitions, a peace and security think tank based in Spain that advises on conflict negotiations, says several factors shape the U.S.-Iran relationship. Going into talks, one side always has the upper hand, he says, but negotiations have a leveling effect. “The weaker party gains just by virtue of entering into a negotiation process,” he said.
Each side is looking for leverage, he adds.
In Iran’s case, it has used its closure of the Strait of Hormuz to exert such leverage, while the White House has shown an eagerness to resolve the conflict quickly. “If one side perceives the other needs an agreement more … that shapes the entire negotiation,” he said.
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