Ziglar offers a thin, unconvincing view of separation of powers that never takes seriously that the judiciary has an affirmative role to play in the Constitution’s system of separation of powers. It closes the courthouse doors on victims of unconstitutional misconduct, discounting the judicial check our Constitution’s Framers insisted. It turns its back on the rule of law, the building block of our most precious constitutional guarantees.
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Congressional standing is not an all-or-nothing proposition, available in all circumstances or available in none. We have never taken that position, and neither have our clients. Instead, members of Congress—just like any other plaintiffs—may have standing in one case and not in another, depending on the specific claim.
When President Trump took the oath of office, he swore to “preserve, protect and defend” the Constitution of the United States. Yet since he took that oath, he has been flagrantly violating a critical provision of the Constitution that was designed to ensure that the nation’s leaders would always put the national interest above their personal self-interest.