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
The removal of a couple of inspectors general for transparently—and in one case, admittedly—self-interested reasons no longer generates outrage.
The Trump administration’s declarations have utilized some of the federal government’s emergency powers to address the coronavirus outbreak. But what other powers remain untapped?
If the president tries to force states to prematurely ease social distancing restrictions, they should resist. They have the Constitution on their side, and they will almost certainly win in court.
President Trump argues that he enjoys an absolute immunity from criminal process so sweeping that it prevents a third party from complying with a preindictment grand jury subpoena. But this is not supported by Justice Department precedents.
A wary president eyes the economic fallout from social-distancing measures that states have adopted in a bid to flatten the curve. If he wants to do more than just advocate against them, what then?
The coronavirus pandemic is an opportunity to evaluate four theories of crisis government under the current constitutional system.
Lawfare Editor in Chief Benjamin Wittes talked with Steve Vladeck, professor of law at the University of Texas School of Law, for a 90 minute live Zoom webinar on Monday, March 23 at 8:30 p.m ET.
President Trump’s new executive order provides additional authorities to address medical supply shortfalls in combating COVID-19—but it doesn’t utilize any of them.
President Trump and his lawyers are engaged in an attempt to fatally weaken the American system of checks and balances.
An overview of the U.S. Court of Appeals for the D.C. Circuit’s ruling in Committee on the Judiciary v. McGahn.