Executive Power

Pete Souza

Debates over the proper scope of executive power in the United States have been a feature of U.S. law and politics dating back to before the nation’s founding. Article II of the Constitution vests the president with “the executive power” and the power to act as the military’s Commander in Chief, but the post-9/11 presidency has been characterized as a striking expansion of executive power, particularly in the area of national security.

Latest in Executive Power

Immigration

Supreme Court Grants Stay on Wall Injunction

The Supreme Court has granted a stay of an injunction on the Trump administration's construction of a wall along the southern border pursuant to a declaration of national emergency. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan would have denied the government's application for a stay, while Justice Stephen Breyer wrote dissenting in part and concurring in part. The document is available here and below.

Travel Ban

Court Denies Motion to Dismiss in Travel Ban Case

On July 10, Judge Victoria A. Roberts of the U.S. District Court for the Eastern District of Michigan denied the government’s motion to dismiss the plaintiffs’ third amended complaint in Arab American Civil Rights League et al. v. Donald Trump et al., in which the petitioners challenge the Trump administration’s travel ban on constitutional grounds. The order is available here and below.

 

 

Immigration

Court Enjoins Border Wall Construction

The U.S. District Court for the Northern District of California has denied in part and granted in part a motion for a preliminary injunction against the government's construction of a border wall using funds reprogrammed by the Defense Department, enjoining the secretaries of defense, treasury and homeland security from taking action to construct a wall along certain sections of the U.S.-Mexico border. The opinion is available here and below.

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