Executive Power
111 Articles

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…

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…