Executive Branch

Latest in Executive Branch

Executive Branch

The “Deep State” Myth and the Real Executive Branch Bureaucracy

A pernicious narrative persists today among fans and critics of executive power alike, which goes something like this: the real power in the U.S. government lies not with the elected President, not with his politically appointed cabinet officials, and not with members of Congress. That power rests instead in the hands of an organized network of nefarious, all-powerful, faceless bureaucrats. This stronghold of anonymous control, we are told, is the “Deep State,” the real power center in Washington.

Executive Branch

A Premature Primer: How Do Impeachment Proceedings Actually Work?

Two weeks ago, CNN reported that “White House lawyers have begun researching impeachment procedures in an effort to prepare for what officials still believe is a distant possibility that President Donald Trump could have to fend off attempts to remove him from office.” More broadly, the conversation has shifted from implying the possibility of impeachment to overtly discussing it: Senator Angus King (I-ME) for example

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

The Indeterminacy of Zivotofsky’s Exclusivity Analysis

Much anticipated for any number of reasons, Zivotofsky was perhaps most awaited for the valuable contribution it was to make in the form of its analysis of the scope of exclusive executive power. This analysis was expected to begin to answer a key question lingering after Justice Jackson’s Youngstown concurrence.

Executive Power

Why Zivotofsky Is a Significant Victory for the Executive Branch

The Supreme Court in Zivotofksy held that the President can disregard a statute that requires him to designate “Israel” on passports of U.S. citizens born in Jerusalem because the statute (Section 214 of the 2003 Foreign Relations Authorization Act) infringes on the President’s exclusive power to recognize foreign sovereigns.

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