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

Documents: Government Motions to Dismiss Border Emergency Lawsuits

On Tuesday, the Trump administration filed motions to dismiss in two lawsuits challenging President Trump’s use of a national emergency declaration to build a wall on the U.S.-Mexico border. The suits, Center for Biological Diversity v. Trump and Alvarez v. Trump, were filed in the U.S. District Court for the District of Columbia immediately following Trump’s Feb. 15 emergency declaration. The government motions to dismiss in both cases are available in full below.  

Executive Power

Documents: Cummings Request for Documents Related to Security Clearance Processes and White House Response

On March 1, House Oversight Committee Chairman Elijah Cummings sent the following letter to White House counsel Pat Cipollone requesting documents related to the White House’s security clearance process in light of news reports that the president personally granted a top-secret clearance to Jared Kushner over the objections of security officials. Cipollone's response is below. 

Cummings Request

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