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Congress Must Reclaim Its Constitutional Authority Over Trade

This op-ed is part of a series laying out a cross-partisan vision to restore congressional authority as outlined in Article I of the Constitution and protect our system of checks and balances.

Our Founders deliberately placed the power to “regulate commerce with foreign nations” with Congress for a reason. The legislative branch, closest to the people, was always intended to decide the terms of our economic relationships with the world because trade policy has always been about more than tariffs – it shapes our economy, our diplomacy, and our national security.

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Guatemalan Children Face Fast-Track Deportation in South Texas
Young boy looking through metal bars

Guatemalan Children Face Fast-Track Deportation in South Texas

After returning to office, President Donald Trump swiftly revived immigration tactics that defined his first term—most notably, fast-track deportations of unaccompanied children. Framed as a deterrent to migration from Central America, the policy has reignited clashes between federal agencies, the courts, and child advocacy groups.

At the heart of the legal battle is the obligation to protect minors under the 1997 Flores settlement, which limits detention duration and mandates access to basic care. Immigration authorities argue they must also enforce removal orders when children lack legal grounds to remain. This tension has triggered a cycle of shifting policies, emergency lawsuits, and last-minute judicial interventions.

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A gavel and a scale of justice on a table.

In this new series, "Judges on Democracy," Judge Paul R. Michel shares the critical need for an independent judiciary and the role of judges in preserving liberty.

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Judges on Democracy: How the Independent Judiciary Protects America’s Constitutional Balance

In times of democratic strain, clarity must come not only from scholars and journalists but also from those who have sworn to uphold the Constitution with impartiality and courage.

This first piece in a series in The Fulcrum, “Judges on Democracy,” invites retired federal judges to speak directly to the American public about the foundational principles of our legal system: the separation of powers, the rule of law, and the indispensable role of an independent judiciary to our democratic republic.

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