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
Despite critiques that the president exercises unilateral authority over use-of-force decisions, much of the historical evidence reflects significant congressional restraint on the executive branch.
Skepticism of emergency authority should not scuttle Biden’s debt relief plan.
Canada’s Public Order Emergency Commission shared its inquiry into the circumstances of a 10-day emergency powers declaration in February of 2022.
Two seemingly unrelated Supreme Court cases up for oral argument in the next few weeks will have important implications for the use of emergency powers by the executive branch—and for the long-term health of U.S. democracy.
Should the Justice Department seek charges in the Mar-a-Lago case, the U.S. government may be precluded from bringing the case in D.C.
Reports of Donald Trump’s recent efforts to stymy the Mar-a-Lago investigation and the Jan. 6 committee sound a great deal like his attempts to obstruct Special Counsel Robert Mueller.
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.