Executive Power
89 Articles
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…
Are We Down to One Branch of Government?
The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement…
Conference on Executive Branch Power, Washington DC, Tuesday Dec 5
On Tuesday, December 5, a collection of scholars and both current and former senior government officials are convening for a day in Washington to discuss Modern Executive Power…
NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”
On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…
Fight It with FOIA: How Congress Can Respond to White House Attempts to Block Congressional Oversight
The Trump White House took another step last week to weaken the checks and balances at the center of our constitutional system. According to Politico, President Donald Trump’s…
Administrative Checks and Balances in the Trump Administration
Raise your hand if you went to bed Tuesday thanking James Madison for the gift of separation of powers. For years, scholars and pundits have resented that gift, railing against…
Congress’s Embarrassingly Empty (National Security) Record
This week, we learned the United States will send 250 special operations troops to the war in Syria, bringing the publicly known total number of American troops operating in the…