Much has been written about the Trump administration’s broad understanding of the scope of executi
Benjamin Schwartz is a third-year student at the University of Pennsylvania Law School. He received his B.A. in economics from Hamilton College. Before attending law school, he worked as an aide to U.S. Senator Bob Casey advising on criminal justice, civil rights, and judiciary issues, and as a paralegal at the Antitrust Division of the U.S. Department of Justice. He currently serves as a senior editor of the University of Pennsylvania Law Review.
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The executive branch has several ways of asserting exclusive presidential powers. Presidential signing statements, memoranda from the Office of Legal Counsel (OLC), legal briefs—these are well-studied tools of executive claims-staking. The use of these tools in the Trump administration has received plenty of coverage on this blog and others.