Executive Power
93 Articles

A Radically (Modest) Bureaucratic Proposal to Strengthen Democracy and Human Rights at Home and Abroad
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…

The President and Immigration Law: The Danger and Promise of Presidential Power
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…

The President and Immigration Law: Introduction to a Just Security Series
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…

Trump Can’t Lawfully Use Armed Forces to Sway the Election: Understanding the Legal Boundaries
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.

Bringing Abolition to National Security
"Though far less explored, abolition may also be the most promising option for dealing with discriminatory national security laws and policies. Without understanding the historical,…

Executive Absolutism on Trial
"President Trump ... had the sense that, as president, he should be allowed to do whatever he wanted, with no fear of consequences and no checks to his will from other branches.…

Is the Pardon Power Unlimited?
Let Trump be forewarned: don’t even think about pardoning Stone, Manafort, or Flynn.

Colombian Peace Efforts on Life Support Amid the COVID-19 Response
In the context of COVID-19 emergency measures, Latin American democracies are like high-risk patients that suffer from at least four underlying conditions: authoritarian trends,…

The Demise of Government: The Grim Task of Undoing Trump’s Damage
We have begun to see the unwinding of modern America. The effects will not simply evaporate when this president leaves office.

Coronavirus Legislative Responses in the UK: Regression to Panic and Disdain of Constitutionalism
Despite having finely-honed legislative models, the Unite Kingdom regressed to panic mode when faced with the COVID-19 pandemic.

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…