Executive Power

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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…
Coronavirus crisis volunteer Rhiannon Navin in front of the US flag.

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,…
White House Counsel Don McGahn stands behind Trump during a cabinet meeting in the Cabinet Room at the White House October 17, 2018 in Washington, DC.

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…
George Washington statue

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 US Supreme Court in Washington, DC, on January 22, 2019.

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…
The dome of the US Capitol Building

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…
U.S. Rep. Jerrold Nadler (D-NY) speaks as House Minority Leader Rep. Nancy Pelosi (D-CA) and other House Democrats listen during a news conference in front of the U.S. Capitol June 20, 2108 in Washington, DC.

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…
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