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.
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When the United States uses military force, especially under controversial circumstances, it should explain the legal basis for its actions.
There is no apparent domestic or international legal authority for the airstrikes conducted in Syria on April 14.
Below is a transcript of President Trump's remarks announcing airstrikes in Syria this evening. The government has also released an assessment of the use of chemical weapons by Syrian President Bashar al-Assad, also included below.
THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________
For Immediate Release April 13, 2018
The Scooter Libby case has obvious parallels with the situation President Trump currently faces. In pardoning Libby, Trump may wish to make a political and legal point.
The Senate Judiciary Committee is holding an executive business meeting Thursday during which it will consider legislation protecting the special counsel from termination without good cause.
The Trump administration has released new policy recommendations limiting the ability of transgender individuals to service in the military, but it’s not quite clear what that policy is.
Congress can most effectively protect Robert Mueller by requiring through new legislation that, if fired, the special counsel provide legislators with a report on the status of the investigation through the date of his dismissal.
Congress can make potential litigation subsequent to the firing of special counsel more transparent, stable and orderly by legislating the framework for judicial review.
The president can start a trade war without Congress playing any formal role because free trade advocates designed the system that way.
A brief explainer on the common legal and policy objections to proposed legislation that would protect the special counsel investigation—and why they are ultimately unavailing.