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

Executive Power

Kaine and Schiff Seek White House Legal Analysis on Syria Strikes

Senator Tim Kaine (D-VA) and Representative Adam Schiff (D-CA) have sent a letter to President Trump requesting information on the administration's domestic legal justification for the recent airstrikes in Syria, "in particular an explanation of whether this action expands ... precedents for action under Article II." The letter is available here and below.

Donald Trump

Enjoining the Revised Refugee EO: The Hawaii District Court “Waters Down” the Separation of Powers

The most recent ruling from the U.S. District Court for the District of Hawaii exceeds the bounds of Establishment Clause and clashes with both Congress’s delegation of power and the President’s Article II authority.

Donald Trump

The Revolt of the Judges: What Happens When the Judiciary Doesn’t Trust the President’s Oath

Is there an unexpressed legal principle functionally at work in the judicial response to Trump: that the President is a crazy person whose oath of office judges simply don’t trust and to whom, therefore, a whole lot of normal rules of judicial conduct do not apply?

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