These newly released memoranda cover the scope and nature of executive privilege as well as the question of how constitutional disagreement between Congress and the executive branch about privilege can and should be resolved.
Latest in Executive Power
The executive branch has not just the authority to draw lines that set immigration enforcement priorities in order to advance homeland security objectives—it has the duty to do so.
The Trump administration’s 2020 proposal is threatening to make its way back into federal policy. What is Schedule F, and how does it erode national security efforts?
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.