Executive Power
Yes, the Constitution Allows Indictment of the President
Laurence H. Tribe Thu, Dec 20, 2018, 11:55 AM
A response to Philip Bobbitt’s counterargument.
Latest in Executive Power
Executive Power
Can the President Be Indicted? A Response to Laurence Tribe.
Philip Bobbitt Mon, Dec 17, 2018, 8:00 AM
Tribe has proposed a novel argument to assert that a sitting U.S. president can be indicted.
Executive Power
The Anniversary of the Monroe Doctrine
Matthew Waxman Sun, Dec 2, 2018, 9:19 AM
The Monroe Doctrine is a momentous example of the president’s vast constitutional power to set and communicate U.S. foreign policy—to include threatening war.
War Powers
Taking Stock of the Yemen Resolution
Scott R. Anderson Fri, Nov 30, 2018, 4:23 PM
Wednesday’s vote was a major victory for opponents of the Yemen war. The reason has less to do with the legislation and more to do with the vote itself.
Executive Power
Document: Memorandum on Use of Force in Border Deployment
Quinta Jurecic Thu, Nov 22, 2018, 10:30 AM
The Military Times reported on Nov. 21 that a White House memorandum had authorized the use of force by troops stationed at the U.S.-Mexico border. Secretary of Homeland Security Kirstjen Nielsen and Chief of Staff John Kelly reportedly raised concerns over the constitutionality of the authorization, Politico writes.
Robert Mueller
The D.C. Circuit Considers the Constitutionality of Bob Mueller’s Appointment
George Conway, Benjamin Wittes Fri, Nov 9, 2018, 4:15 PM
The president shouldn’t hold his breath for the court to have any serious objections to the special counsel’s appointment.
Executive Power
Document: CRS Report on 25th Amendment
Matthew Kahn Mon, Nov 5, 2018, 6:04 PM
On Monday, the Congressional Research Service published the following report on the 25th Amendment and the many controversies around its treatment of presidential disability.
Scholarship
Remembering St. Clair’s Defeat
Matthew Waxman Sun, Nov 4, 2018, 9:00 AM
Nov. 4 is the anniversary of, by some measures, the U.S. military’s worst battlefield defeat ever—an incident that says a great deal about executive and legislative use of military power in the early republic.
Donald Trump
Did the President’s Tweets Lead Prosecutors to Seek the Death Penalty for Sayfullo Saipov?
Jessica Marsden Wed, Oct 17, 2018, 8:00 AM
Courts should put the burden on prosecutors to prove that the president did not influence their charging decision—or grant defendants a limited discovery to seek evidence to the contrary.
Executive Power
The Unintended Consequences of Enshrining Norms in Law
Bob Bauer Tue, Oct 16, 2018, 11:01 AM
Just as presidents respond in various ways to norms, so, too, do they react to changes in the legal structure with direct political and governing implications.