Executive Power

Clearly, U.S. actions are threatening to Venezuela. But do they amount to an unlawful threat under international law, or are they merely a lawful show of force?

By enacting IEEPA, did Congress authorize the president to impose tariffs? If so does, is that delegation of authority lawful?

Congress did not write IEEPA to allow a President to replace the income tax system with a patchwork of tariffs that they can impose, adjust, or suspend at will.

The deal circumvents the Appropriations Clause and congressional safeguards designed to enforce it, creating a system answerable only to the White House.

The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.

Tess Bridgeman is joined by Rebecca Ingber and Brian Finucane to assess the latest strikes, the brief detention of two survivors, where the campaign may be headed, and what…

Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.

Military personnel are increasingly alert to the prospect that they may be asked to prioritize loyalty to an individual over their legal rights and responsibilities.

The rhetorical threats Trump employed during his campaign are directly echoed in the titles and content of his second-term EOs.

For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.

Trump’s strike on Iran violated constitutional limits on the president's unilateral power to take the nation to war—an authority the Framers reserved for Congress.

Enforcing the nondelegation and major questions doctrines can help curb the danger posed by sweeping authority concentrated in a president of either party.