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

immigration

District Court Rules Against Trump in Border Wall Case

The U.S. District Court for the Western District of Texas found President Trump’s proclamation declaring a national emergency at the southern border to be unlawful, ruling that the use of funds for this project violates the Consolidated Appropriations Act. The judge granted summary judgment in favor of the plaintiffs and called on them to file a “proposed preliminary injunction” specifying the scope of said injunction with ten days, after which the Trump administration is directed to respond.

congressional oversight

Appellate Court Rules House Committee Can Subpoena Trump Tax Returns

The U.S. Court of Appeals for the D.C. Circuit rejected President Trump’s appeal to block the release of his tax returns to the House Committee on Oversight and Reform. The court’s decision affirmed that the Committee has the authority to subpoena the financial documents of the president and that Trump’s accounting firm, Mazars USA, must comply by submitting the requested information. The court opinion can be found here and below.

Executive Power

Federal District Court Dismisses Trump Lawsuit Over Tax Returns, Trump Appeals

Judge Victor Marrero of the U.S. District Court for the Southern District of New York dismissed Presdent Trump's lawsuit in federal court over the Manhattan District Attorney's efforts to obtain his tax returns. The president immediately appealed the case to the U.S.

Executive Power

Justice Department Filing in New York Trump Tax Returns Case

The U.S. Attorney’s Office for the Southern District of New York (SDNY) filed a statement of interest in the case involving President Trump’s challenge to Manhattan District Attorney Cyrus Vance Jr.’s subpoena for the partial release of Trump’s tax returns. The brief argues that the case ought to be resolved in federal as opposed to state court.

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