Executive Power

There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.

As the conflict has grown and changed, responsibility for these changes has too often been thrust on the shoulders of executive lawyers.

Declaring a national climate emergency would convey a powerful signal from the White House about the urgency of the climate crisis —while also activating several legal authorities…

In reminding us of America's aspirational values – ones a majority of the country supports – these directives are a first step toward healing.

The Biden administration must create a system in which human rights and democracy policymaking is embedded and integrated in its decision-making machinery.

The consequences for the federal government of an expanded unitary executive theory would be significant: high turnover, low competence, and less expertise, all of which serve…

What are the president’s authorities as commander-in-chief to “combat” the national security threats posed by the climate crisis?

Incoming President Biden and Congress should seize the moment of the agency’s high profile to strengthen its role in protecting critical US infrastructure.

Now is the time to fundamentally reform how the executive branch addresses the transnational matter of upholding human rights and advancing democracy at home and abroad. The project…

In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…

In order to develop a meaningful reform agenda, it is essential to understand how the U.S. immigration system and the president’s prominent role within it came to be. In a new…

A deep dive analysis of the constitutional and statutory limits on use of any armed force in connection with the 2020 election, civil unrest, and protests.