Executive Power
89 Articles

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…

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…