Executive Branch

Latest in Executive Branch

Executive Power

Obama's Legacy: Law, Transparency, and the Politics of Anguish

Back in November, The Hill reported that the White House is looking into increasing the transparency of the drone program before President Obama’s imminent departure from office:

The White House wants to reduce the secrecy surrounding lethal drone strikes and other counterterrorism efforts, with an eye on President Obama's legacy when he leaves office in 14 months.

Executive Power

Zivotofsky II and the Vesting Clause Theory of Presidential Foreign Relations Power

One element of Zivotofsky II that has received insufficient attention is the sharp disagreement between Justices Thomas and Scalia about the scope of presidential and congressional powers in foreign relations.  Here I examine the implications of their disagreement for the Vesting Clause theory of residual presidential foreign relations powers.  


Why Congress Is Effectively Powerless To Stop The Iran Deal (and Why The Answer is Not the Iran Review Act)

Critics are once again blaming the Iran Nuclear Agreement Review Act for Congress’s inability to stop the President from implementing the Iran deal.   This position is not just wrong, but dangerous, since it deflects attention from the true causes of the predicament Congress finds itself in.  

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