Executive Branch

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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.  

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