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

Donald Trump

More on Rule of Law in the Trump Administration and the Role of Congress

​The President, through his Office of Management and Budget (OMB), is fighting again with the Office of Government Ethics (OGE). Will the House, the Senate, or both, look beyond the particulars of Russia probe into the basic question of how the Administration functions on rule of law issues?

Donald Trump

How to Get Out of Impeachment Territory

Let’s say that you or your political ally have engaged in some behavior that have people talking about impeachment. You find yourself in impeachment territory. Is there no way out of that territory? If that were true, then your best option might just be to build a fort where you stand and cover-up, obstruct, deny and defend as aggressively as possible. Some politicians have taken this approach. It does not always end well.

Donald Trump

Hawaii v. Trump: What Would an “Objective Observer” Think of President Trump’s Travel Ban?

In arguments before the Fourth Circuit last week and the Ninth Circuit yesterday, a new phase of the litigation opened up on President Trump's travel ban. The government’s arguments have become sharper, the judges have become more informed, and the weaknesses of the challengers’ case have been laid bare.

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