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?
Latest in Executive Power
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?
Executive Power
The Federal Vacancies Reform Act and the VA: A Study in Uncertainty and Incompetence
Steve Vladeck Wed, May 23, 2018, 11:25 AM
President Trump’s nomination of Robert Wilkie to serve as veterans affairs secretary disqualifies him from continuing to serve as the acting secretary. Does that mean the White House doesn’t understand the Federal Vacancies Reform Act?
Executive Power
The Trump Administration Reaps What the Obama Administration Sowed in the Iran Deal
Jack Goldsmith Wed, May 9, 2018, 9:29 AM
The Obama administration made the Iran deal in a way it knew was easy for its successor to break.
Executive Power
Can the Presidency Trump a Special Counsel Subpoena?
Steve Vladeck, Benjamin Wittes Wed, May 2, 2018, 5:15 PM
The special counsel would probably prevail in court—but it is not a sure thing.
Immigration
DACA Rescission 2.0
Josh Blackman Fri, Apr 27, 2018, 10:00 AM
The attorney general should withdraw the 2014 Office of Legal Counsel opinion contending that DACA is lawful.