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

Federal Law Enforcement

Document: Judge Howell Upholds the Legitimacy of Mueller's Appointment

On Aug. 2, Chief Judge Beryl Howell of the U.S. District Court for the District of Columbia affirmed the constitutionality of Special Counsel Robert Mueller's appointment under the Appointments Clause, denying a witness's motion to quash subpoenas issued by the special counsel's office.

Executive Power

Document: Senators Introduce Resolution to Limit the President's Authority to Withdraw From NATO

On July 26, a bipartisan coalition of senators introduced legislation that would require congressional approval for any effort to withdraw the United States from NATO. The bill also authorizes counsel to litigate any effort to withdraw absent its consent. The document is available in full below: 

Subscribe to Lawfare

EmailRSSKindle