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 Commerce Department has announced which “transaction” scenarios will be covered by the IEEPA sanctions that go into effect against TikTok and WeChat on Sept. 20. Here’s what you need to know.
Had any other attorney general given the speech Barr gave this week, nobody would have noticed. In the context of his recent actions, Barr’s words amount to a defense of politicized justice.
Why we published “After Trump: Reconstructing the Presidency,” the latest book by Bob Bauer and Jack Goldsmith.
Donald Trump operated the presidency in ways that reveal its vulnerability to dangerous excesses of authority and dangerous weaknesses in accountability. “After Trump” explains what should be done to mend the presidency after Trump leaves the scene.
The Senate Intelligence Committee argued that the president-elect may not claim executive privilege for advice received after the election and before the inauguration. A federal judge reached the opposite conclusion.
What should be done in a post-Trump world to restore the rule of law?
The director of national intelligence has decided to curtail in-person briefings to Congress about election security. Congress should push back.
Is TikTok’s suit against the government likely to succeed? Not in conventional terms—but maybe that’s not the right way to look at it.
The district court in Trump v. Vance ruled that Manhattan district attorney Cyrus Vance can enforce a subpoena for Trump’s tax returns. Trump immediately appealed to the Second Circuit, and Vance has agreed to delay enforcement until the appellate court rules on it.
Government agencies are taking action in response to President Trump’s executive order on “Preventing Online Censorship,” though it remains unclear whether lasting changes will result.