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
The D.C. Circuit ruled in Trump v. Mazars. Can the House Oversight Committee access former President Trump's financial records?
A response to Paul Stephan and some thoughts about the ongoing debate.
Robert Costello and two co-counsel have now moved to dismiss the charges against Bannon based on a series of internal Department of Justice memoranda that stretch back decades.
What the executive branch should not do is pretend that Russia’s money can be used to provide material support to Ukraine in the face of existing legal barriers.
It’s been four months since the House asked the Justice Department to seek Meadows’s indictment. Are the department’s misguided precedents holding things up?
The post-Trump period should have been a moment ripe for reforms of executive power. It seems increasingly possible that the window of opportunity may pass by without much achieved in the way of successful reform.
The ruling determined that Trump could be held liable for his conduct in office.
What are available mechanisms for accountability against a president who violates these rules?
A review of David M. Driesen, “The Specter of Dictatorship: Judicial Enabling of Presidential Power” (Stanford University Press, 2021).
The former president is in a dramatically weaker position than he was before the latest D.C. Circuit opinion.