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
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.
At least one judge seems to be taking former President Trump’s motion for a special master pretty seriously.
The classification status of the documents remains legally relevant, and, in light of new information, any arguments regarding their declassification have been significantly diminished.
The department’s Mar-a-Lago filing leaves little doubt where its investigation is heading, but suggests it will take a while to get there.
While the most important details remain redacted, the unsealed affidavit still sheds a bit more light on the Justice Department’s case.
Who can possess the documents, and when?
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.
Why classification status matters for 18 U.S.C. § 793 and what limitations may exist for a president’s declassification authorities.
Even if one focuses narrowly on the rule of law, caution is still warranted.
How to assess Attorney General Garland’s decision.