Presidential Powers

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The U.S. Capitol Building is seen on the National Mall from the Washington Monument on May 17, 2026 in Washington, DC.

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.
A Clark County election worker stacks gray crates marked "SURRENDERED MAIL BALLOTS."

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.
​Wide angle shot of a U.S. Capitol Police ​officer stand​ing in a ​dim hallway ​inside the U.S. Capitol​. A bright light illuminates the space from above.

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.
Flags of USA and Iran

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…
Screenshot of the Joint Resolution proposing the 22nd Amendment, from the General Records of the U.S. Government National Archives

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.
U.S. Secretary of State Marco Rubio walks down stairs

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.
US President Donald Trump addresses senior military officers gathered at Marine Corps Base Quantico in Quantico, Virginia, on September 30, 2025. Defense Secretary Pete Hegseth said Tuesday the US military must fix "decades of decay" as he addressed a rare gathering of hundreds of senior officers summoned from around the world to hear him speak near Washington. (Photo by Jim WATSON / AFP) (Photo by JIM WATSON/AFP via Getty Images)

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.
Crew members of the US Navy warship USS Sampson (DDG 102) are pictured at the Amador International Cruise Terminal in Panama City on September 02, 2025. Venezuelan President Nicolas Maduro said on September 1, 2025, that eight US military vessels with 1,200 missiles were targeting his country, which he declared to be in a state of "maximum readiness to defend" itself. (Photo by MARTIN BERNETTI/AFP via Getty Images)

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.
An American flag behind a judges bench in a courtroom

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.
Stacks of shipping containers sit at the Port of Baltimore

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.
From left to right, standing in the back row are Lewis F. Powell, Thurgood Marshall, Harry Blackmun, and William Rehnquist

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 episode title appears with sound waves behind it.

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'
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