Executive Power
116 Articles

Governors and State Administration
Gubernatorial opposition is a powerful and often necessary component of meaningful state pushback against federal overreach.

What OLC’s Latest Opinion Means for Congressional Oversight of the Private Sector
Unpacking the Office of Legal Counsel opinion concluding that executive privilege may apply to presidential communications with private advisers.

State Imperatives to Protect Civil Rights for All
States need independent agencies with jurisdiction to enforce their residents’ rights so the valuation of those rights are evenhanded and not subject to political will.

Collateral Accountability: The Oldest Check on Federal Lawlessness
As a federal-level accountability desert forms, states are reviving "collateral accountability" — damages suits against federal officers who violate constitutional rights.

States Can Fight Federal Overreach by Protecting State Data
States must be vigilant stewards of their data — auditing what they hold, limiting what they share, and enforcing legal constraints against federal overreach.

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.