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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As in the 2019 census case, Chief Justice John Roberts was not convinced by the administration’s justification for the policy change.
Congress has significant constitutional power to curtail the president’s discretion to fill vacancies created by his firings of inspectors general.
Either the Justice Department’s legal reasoning is wrong, or it’s right—in which case Congress should close the loophole immediately.
If President Trump wants to follow through on his threats to deploy the military around the country, he may have to push one of America’s oldest emergency laws to its limits.
The firing is almost certainly lawful, but it is unclear whether the president’s chosen replacement can immediately assume the role.
On May 12, the Supreme Court livestreamed more than three hours of arguments in three cases involving the validity of subpoenas issued to third parties for the president’s financial information.
The outcome of these three cases could have significant implications for congressional power, the Trump family’s business dealings and the transparency of the president’s reelection campaign.
President Trump is the first president in history to donate his salary to government agencies. His quarterly gifts to various departments pose unique constitutional and statutory questions.
On its anniversary, the Montgomery Ward episode is a stark reminder of what unleashing wartime government power over industry has actually looked like.
Congress has set limits on U.S. withdrawal from a major arms control treaty. But President Trump may not feel that he has to abide by them.