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

Donald Trump

The Revolt of the Judges: What Happens When the Judiciary Doesn’t Trust the President’s Oath

Is there an unexpressed legal principle functionally at work in the judicial response to Trump: that the President is a crazy person whose oath of office judges simply don’t trust and to whom, therefore, a whole lot of normal rules of judicial conduct do not apply?

Aegis

Sanctuary 101, Part I: What Trump’s Executive Order Doesn’t Do, Cannot Do, and Has Little To Do With

A month after President Trump issued his January 25, 2017 executive order, “Enhancing Public Safety in the Interior of the United States,” there remains a great deal of confusion: about what qualifies as a “sanctuary jurisdiction,” about the order’s effects on those jurisdictions, and about whether Trump’s effort to pull their federal funding by unilat

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