Executive Power
111 Articles

When the President Does It …
Lessons from Nixon's forgotten essay in defense of his infamous remark.

Commandeering, Coercion, and Executive Power
States have constitutional protections against commandeering and coercion — but face a new challenge when the federal government sidelines states completely.

The Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This interactive graphic offers one method.

Reinvention Blueprint No. 1: A Government That Works for People
Our democratic institutions are under strain, but one thing must be true if any reform is to take hold: government must deliver, and that delivery must be felt by all people.

Reinvention Blueprint No. 2: Democracy Works When Government Works
America’s civil service, built for a bygone era, urgently needs bold, comprehensive reform to build a government capable of delivering for the 21st century.

Building Governing Machinery for the Next Pro-Democracy Moment
Domestic policy experts offer principles for reinvention meant to inform the work of policymakers, advocates, and governance rebuilders as they redesign federal institutions.

Challenging Toxic Air Exemptions – and a Pattern of Executive Overreach on Regulatory Rollbacks
Together, the Trump administration’s vision of the Clean Air Act’s exemption authority and shutting courts out from review is one of completely unchecked presidential power.

Justice Gorsuch’s Slaughter Opinion is a Direct Threat to Congress
In light of recent Supreme Court rulings, Congress should act now to assert the full extent of its authority over the federal bureaucracy.

Collection: Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.

Delegation of Tariff Authority by Other Means
After the Supreme Court limited IEEPA tariff authority, the Trump administration turned to Section 301, raising new questions about executive power, trade law, and delegation.

The Presidential Records Act is Constitutional
Presidents have complied with the Act without serious objection, and there is essentially no scholarly or other commentary questioning the Act’s constitutionality.

The Unconstitutionality of the Trump Administration’s New Executive Order on Elections
The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.