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Executive Power

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93 Articles
The White House, Washington, D.C.

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…
Two Muslim women stand near a fence across the street from the White House before the start of a protest against the Trump administration's proposed travel ban, October 18, 2017 in Washington, DC.

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 Statue of Liberty is viewed from the rooftop of the new Statue of Liberty Museum, May 13, 2019 on Liberty Island in New York City.

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…
Federal officers in full camo gear with gas masks and guns prepare to disperse the crowd of protestors outside the Multnomah County Justice Center on July 17, 2020 in Portland, Oregon.

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.
A protester watches federal officers through the gate in front of the Immigration and Customs Enforcement (ICE) detention facility early in the morning on August 21, 2020 in Portland, Oregon.

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,…
Trump and William Barr

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.…
Roger Stone, former adviser to U.S. President Donald Trump, holds a hat over his face as he exits the E. Barrett Prettyman United States Courthouse on February 20, 2020 in Washington, DC.

Is the Pardon Power Unlimited?

Let Trump be forewarned: don’t even think about pardoning Stone, Manafort, or Flynn.
A worker stands in a full body protective suit at the Parque Serafín Cemetery Crematorium in Bogota on July 4, 2020.

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,…
Trump speaks with Brazilian President Jair Bolsonaro, National Security Advisor Robert O'Brien, Ivanka Trump and Jared Kushner, during a diner at Mar-a-Lago in Palm Beach, Florida, on March 7, 2020.

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.
Military vehicles cross Westminster Bridge after members of the 101 Logistic Brigade of the British Army delivered a consignment of medical masks to St Thomas' hospital on March 24, 2020 in London, England.

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.
People ride on bicycles past the Altare della Patria monument in central Rome on May 10, 2020.

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…
Police officers (R) stand guard at an entrance of a high school as senior students enter school in Wuhan in China's central Hubei province on May 6, 2020.

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…
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