Presidential Powers
78 Articles

How the Twenty-Fifth Amendment Applies Today
Yale Law School's Peter Gruber Rule of Law Clinic has updated its Reader's Guide to the 25th Amendment to cover Trump and Biden-era developments.

The Unconstitutionality of the Trump Administration’s New Executive Order on Elections
The Trump administration's executive order on mail-in voting is unconstitutional. States and Congress—not the President—have authority to regulate federal elections.

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702
Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.

Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law
Experts who advised a president on use of force answer a full range of basic questions on the conditions under which action against Iran would be lawful, and what options Congress…

No Indispensable Man: The Democratic Foundation of the 22nd Amendment
To violate the 22nd Amendment would be to discard the wisdom of those who sought to preserve U.S. democracy against the last rising tide of authoritarianism.

From Secret Law (2001-2024) to None at All (2025-present)
The Trump administration's lethal strikes are the apotheosis of the last quarter century's often always secret and often unreviewable executive branch legal reasoning.

The Crisis in Uniform: The Danger of Presidential Immunity for the U.S. Military
Military personnel are increasingly alert to the prospect that they may be asked to prioritize loyalty to an individual over their legal rights and responsibilities.

Using Labels, Not Law, to Justify Lethal Force: Inside the Venezuelan Boat Strike
Applying a new label to an old problem does not transform the problem. Nor does it grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

Judicial Deference and Presidential Power Under the Alien Enemies Act
Where judges have in the past and should in the future draw the line on judicial deference to the President in Alien Enemies Act cases.

What Just Happened: The Trump Administration’s Latest Moves on Tariffs
Here's how this week’s tariff announcement will test the strength of both international and U.S. domestic trade rules.

No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case
I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.

The Just Security Podcast: ‘The National Security Constitution in the 21st Century’ Book Talk
Harold Hongju Koh joins the podcast to discuss his most recent book, 'The National Security Constitution in the 21st Century'