Scholarship
Remembering the Whiskey Rebellion
Matthew Waxman Tue, Sep 25, 2018, 9:53 AM
The Whisky Rebellion was consequential for national power, and warrants reflection on its 224th anniversary.
Latest in Executive Power
Executive Power
More Views on Presidential Lawyering in Time of Crisis
Jack Goldsmith Tue, Sep 11, 2018, 4:17 PM
Essays by Mary DeRosa and Christopher Fonzone and Dana Remnus on the role of executive branch lawyers in times of crisis.
Executive Power
Donald Trump, Twitter and Presidential Power to Interpret the Law for the Executive Branch
Jim Baker Fri, Aug 24, 2018, 10:35 AM
What if the president, instead of tweeting, issued clear legal determinations that he specifically said are binding on the executive branch?
Executive Power
Richard Nixon, Donald Trump and the ‘Breach of Faith’
Bob Bauer Sat, Aug 18, 2018, 9:30 AM
Richard Nixon’s fall came after it became clear that he had “broken faith” with core public expectations of presidential leadership. Donald Trump appears headed for the same fate.
Executive Power
Saving NATO
Scott R. Anderson Wed, Jul 25, 2018, 9:00 AM
Can President Trump really end U.S. participation in the alliance? And if so, what can Congress do about it?
Executive Power
Can the President Revoke Former Officials’ Security Clearances?
Bradley P. Moss Mon, Jul 23, 2018, 10:12 PM
The three scenarios that might play out if Trump moves against Clapper, Comey, McCabe, Brennan, Rice and Hayden.
Executive Power
Can the Special Counsel Regulations Be Unilaterally Revoked?
Josh Blackman Thu, Jul 5, 2018, 7:22 AM
Why one conclusion in George Conway’s recent Lawfare article appears hasty.
Executive Power
The Travel Ban Decision and the Ghost of Korematsu
Quinta Jurecic Thu, Jun 28, 2018, 8:19 AM
What does it mean, in the face of profound ugliness on the part of the executive branch, to declare the judgment of that ugliness to be outside the authority of the Supreme Court?
Executive Power
Trump Can End the Russia Probe—But That Doesn’t Mean He Can Obstruct It
Timothy Edgar Wed, Jun 13, 2018, 7:00 AM
The Constitution gives Trump the power to make the Russia probe go away. It does not give him the power to do so without consequence.
Executive Power
Can the Pentagon Restrict Congressional Foreign Travel?
Ryan Scoville Wed, May 30, 2018, 7:00 AM
The Defense Department has reportedly restricted congressional visits to Afghanistan, Iraq, Kuwait and Syria. Is an executive limitation on congressional foreign travel consistent with the separation of powers?