Latest in Executive Power
The post-Trump period should have been a moment ripe for reforms of executive power. It seems increasingly possible that the window of opportunity may pass by without much achieved in the way of successful reform.
The Supreme Court should shift its approach to emergency powers (defined broadly to include national security) to take into account the role they can play in undermining democracy.
A review of David M. Driesen, “The Specter of Dictatorship: Judicial Enabling of Presidential Power” (Stanford University Press, 2021).
The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion.
President Biden signed a national security memorandum on Jan. 19 to bolster the cybersecurity of the National Security, Department of Defense and Intelligence Community systems.
A House bill proposes a new mechanism for judicial review of war powers. Here’s how it works.
The preservation of democracy requires that prosecutors have the ability to investigate and indict a sitting president when the president commits crimes. The Protecting Our Democracy Act is an important step toward curtailing unfettered presidential power.
Supreme Court precedent compels the conclusion that Trump cannot escape liability for his actions, including encouraging, for his personal gain, the violent disruption of a constitutionally mandated session of Congress.
How Tunisian and international audiences react to Saied’s announcement will likely shape whether the country remains the world’s only Arab democracy or falls to what political scientists call a “self-coup” or incumbent takeover.
The memo provides the legal rationale behind the controversial January 2, 2020, drone strike that killed Major General Qassem Soleimani of Iran’s Islamic Revolutionary Guard Corps and several leaders of the militia Kata’ib Hezbollah while in Baghdad, Iraq.