Executive Power

Pete Souza

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

Office of Legal Counsel (OLC)

"Form and Legality": The Office of Legal Counsel’s Role in the National Emergency Declaration

When the president issues an executive order or a proclamation, federal regulations require the attorney general to review the resulting document, and the attorney general has delegated this authority to the Justice Department’s Office of Legal Counsel.

Executive Power

The Trump Administration and Executive Power: Evidence from Justice Department Views Letters

These letters, sent by the Department of Justice to members of Congress expressing the department’s “views” on draft legislation, show that the Trump administration has been energetic in asserting exclusive presidential powers.

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