constitutional power

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Executive Power

'Neutral Principles' and the 'Presumption of Regularity' in the Era of Trump

In a new essay, Sandy Levinson and Mark Graber candidly admit what the legal resistance has long refused to acknowledge: Donald J. Trump, an “anti-Publian” president, is not entitled to the “presumption of regularity,” and judges should drop the pretense of applying what Herbert Wechsler called “neutral principles” in evaluating his actions.

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