Executive Power
83 Articles
Italy and COVID-19: A Call for an “Italian Emergency Constitution”?
The ongoing health crisis triggers consideration of the lack of an articulated emergency framework in the Italian Constitution, and whether existing tools are suitable to face…
Emergency Powers in the Time of Coronavirus…and Beyond
There is much we still do not know about COVID-19, but there is also much that we do know. We know we are dealing with a highly transmissible virus that can spread easily from…
Human Rights Guidelines for the Fight Against COVID-19
President Donald Trump is already talking about a “war” against COVID-19, and with all wars come serious human rights risks. If the pandemic poses a national security threat,…
Congress Needs a “Rocket Docket” for Its Disputes With the President
A rocket docket could have prevented many of the abuses seen during the Trump administration, would reduce the likelihood of future abuses, and will enhance Congress’ ability…
Getting the Jay Treaty Right on “Executive Privilege”
A central historical claim in ongoing debates about the president's ability to keep diplomatic correspondence from the House of Representatives is not just flawed, but gets the…
The National Security Delegation Conundrum
The two main opinions in Gundy v. the United States highlight the imbalanced stakes of current constitutional non-delegation doctrine. Those worried about unchecked presidential…
Take Back: How Congress Can Reclaim Its Power
Early in the Clinton administration, I served on the National Security Council staff when former Rep. Howard Berman, a California Democrat, called me one day to tell me that the…
The Next Wave of Congressional Subpoena Litigation: Oversight Power vs. Executive Privilege
The next phase of Congress’ trying to enforce its supboenas in court is getting underway. Why the litigation over executive privilege is about to get ... . complicated, and how…
Attorney General Nominee Barr on Transparency: A Direct Answer? Or Misdirection?
In his written opening statement for his confirmation hearing as attorney general, William Barr says his goal is "to provide as much transparency as I can consistent with the law."…
Norms Watch: Damage to Democracy and Rule of Law in December 2018
Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
Can Congress Subpoena Trump to Testify?
Now that the Democrats have won control of the House of Representatives, there will be a flood of congressional investigations of waste, fraud, and abuse within the Trump administration,…
Setting the Record Straight: The Pardon Power is Part of the Rule of Law
Writing from the perspective of a former federal prosecutor, Barbara McQuade decried President Donald Trump’s most recent exercise of the pardon power, which supposedly poses…