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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 17/06/2026

Why Does Hitler Want the Enabling Act? The Answer Should Worry Us. by Ian Ayres "A Reichstag that passes the Act would deny the Chancellor the legislative failure he needs to justify his election intervention to the public."

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 07/04/2026

The Presidential Power to Destroy Civilizations

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 07/04/2026

Donald Trump Thought on Fascism with American Characteristics for a New Era

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 03/04/2026

Constitutionality of Article I by T. Elliot Gaiser

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Reposted by Federalist Society Pitchbot

Anna Bower @annabower.bsky.social · 02/04/2026

You gotta be kidding me

Opinion)
Constitutionality of the Presidential Records Act
The Presidential Records Act is unconstitutional because it exceeds Congress's enumerated and implied powers and aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive.
April 1, 2026
MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT
You have asked whether the Presidential Records Act of 1978 ("PRA" or "Act") is constitutional. We conclude that it is not.
The PRA is unconstitutional for two independent but interlocking reasons: It exceeds Congress's enumerated and implied powers, and it aggrandizes the Legislative Branch at the expense of the constitutional independence and autonomy of the Executive. "Every law enacted by Congress must be based on one or more of its powers enumerated in the Constitution," United States v. Morrison, 529 U.S. 598, 607 2000), or
"such implied powers as are necessary and proper to carry into effect the enumerated powers," Carter v. Carter Coal Co., 298 U.S. 238, 291
(1936). And congressional attempts to regulate the Presidency directly raise heightened separation of powers concerns. See The Constitutional Separation of Powers Between the President and Congress, 20 Op. O.L.C.
124, 126-29 (1996) ("Separation of Powers").
The PRA exceeds the oversight power because it serves no identifiable and valid legislative purpose. It exceeds any preservation power because Congress cannot preserve presidential records merely for the sake of posterity. It exceeds Congress's regulatory power over statutory agencies because it purports to regulate a constitutional office-the Presidency— that Congress did not create and that Congress cannot abolish. It exceeds the spending power, because that power allows Congress to incentivize outcomes with federal funding, not to directly regulate coordinate branches of government. And it exceeds Congress's power to assist in the execution of the powers vested in coordinate branches because it restri…

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 17/02/2026

The Irrefutable Precedential Force of Hidden Language in Founding-Era Documents by Benjamin Franklin Gates

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 09/01/2026

The Boston Massacre and Other Historical Precedents for Absolute Immunity

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 06/01/2026

Head of State Immunity for Me but Not for Thee

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 06/12/2025

Staying in the Fight: Life Rafts, Hospitals, and Other Legitimate Military Targets by Tom Cotton

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 22/10/2025

The East Wing and Other Unamerican Innovations of the Roosevelt Administration

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 11/10/2025

Alexander Haig, Model Public Servant by Stephen Miller

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 10/10/2025

William Cosby, Thomas Gage, and Other Colonial Governors as Precedents for Broad Presidential Power by Kenton Skarin

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 07/10/2025

“Money shall be drawn from the Treasury” as a Grant of Executive Authority

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 28/09/2025

Donald Trump is the Kindest, Bravest, Warmest, Most Wonderful President I’ve Ever Known in my Life by Steven Calabresi

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 28/09/2025

Judicial Deference to Presidential AI-Generated Social Media Posts

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 26/09/2025

“… and therefore, we hold that the Take Care Clause unconstitutionally infringes on the President’s exercise of discretion in carrying out his Article II duties.”

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Reposted by Federalist Society Pitchbot

Jamal Greene @jamalgreene.bsky.social · 20/09/2025

“Because $50,000 in US paper money was not a ‘thing of value’ at English common law prior to the existence of the US government, we hold . . . .” -SCOTUS, five years from now

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 18/09/2025

The Licensing of the Press Act of 2025: An Idea Whose Time Has Come

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 18/09/2025

Late-Night Talk-Show Hosts as "Officers of the United States"

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 13/09/2025

Jean-Paul Marat Was Practicing Politics the Right Way by Ezra Klein

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 10/09/2025

A Model State Law for the Restoration of the Professional Civil Service

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 10/09/2025

No True Bull: The Prosecutorial Power to Reverse Unreasonable Grand Jury Findings

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 10/09/2025

Vice-Admiralty Courts: A Founding-Era Solution to the Modern Problem of Faithless Grand Juries

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 07/09/2025

Alexander's the Great's Boat-Burning: A Reevaluation of the Historical Sources by Ilan Wurman

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 06/09/2025

Penumbras and Emanations from Unsigned Summary Orders in Emergency Cases by Neil Gorsuch

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 06/09/2025

Fearless Leader is More Genius than Usual by Boris Badenov and Tulsi Gabbard

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 05/09/2025

Lip-Bu Tan as an "Officer[] of the United States"

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 04/09/2025

Holding Grand Jurors in Contempt: Why the Fifth Amendment's Text Does Not Codify Bushel's Case

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 03/09/2025

The Shaky Historical Foundations of the Grand Jury

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 27/08/2025

Ship Money and Other Historical Precedents for an Implied Executive Taxation Power

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 27/08/2025

Why the 𝘙𝘦𝘱𝘶𝘣𝘭𝘪𝘤𝘢𝘯 Guarantee Clause Means What It Says

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 27/08/2025

The Vigorous Executive and the Presidential Fitness Test

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 27/08/2025

Is Muriel Bowser Unconstitutional? Article II Limits on the Seat of Government Clause

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 27/08/2025

The Originalist Case Against the Twenty-Second Amendment

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 27/08/2025

Common-Good Concentration Camps by Adrian Vermuele

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Federalist Society Pitchbot @fedsocpitchbot.bsky.social · 29/07/2025

The Power to Appoint (Judges) Implies the Power to Remove (Judges): Why Article III Vests the President with Unreviewable Discretion to Determine What Constitutes “Good Behavior”

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