Executive Power
111 Articles

Is Climate Change a National Emergency?
Declaring a national climate emergency would convey a powerful signal from the White House about the urgency of the climate crisis —while also activating several legal authorities…

Biden Executive Actions Make Unity Possible for Millions of Marginalized Americans
In reminding us of America's aspirational values – ones a majority of the country supports – these directives are a first step toward healing.

US Human Rights Policy: How to Really Build Back Better
The Biden administration must create a system in which human rights and democracy policymaking is embedded and integrated in its decision-making machinery.

Supreme Court Preview: Collins v. Mnuchin and the Expanding ‘Unitary Executive’ Theory
The consequences for the federal government of an expanded unitary executive theory would be significant: high turnover, low competence, and less expertise, all of which serve…

Climate Change, National Security, & the New Commander-in-Chief
What are the president’s authorities as commander-in-chief to “combat” the national security threats posed by the climate crisis?

A Post-Election Trump Firing Makes the Case for an Independent, Regulatory CISA
Incoming President Biden and Congress should seize the moment of the agency’s high profile to strengthen its role in protecting critical US infrastructure.

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.…