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
In examining whether the federal obstruction of justice statute applies to the president, Robert Mueller analogizes bribery and obstruction. But this is not supported by Office of Legal Counsel precedent.
President Trump’s veto likely means that the Yemen resolution will never become law. But it also sheds light on the next stage in the fight over U.S. involvement in Yemen.
Even if the Constitution and Justice Department policy do not bar charging a former president, the statute of limitations might.
If President Trump really told Department of Homeland Security officials to stop processing asylum requests, it’s a pretty blatant violation of the Take Care Clause of the Constitution and the president’s oath of office.
The language and structure of the statute the Department of Homeland Security claimed as authority lead to the conclusion that the provision cannot be applied to asylum seekers.
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.
A panel of experts debates whether Congress can stop President Trump from withdrawing from NATO.
The White House Counsel’s Office has resisted congressional requests for information on the Trump administration’s handling of security clearances and access to classified material.
Nancy Pelosi’s remarks on impeachment seem to capture where we now stand in the conception and politics of this constitutional process.
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