Presidential Powers
73 Articles
Long-Withheld Office of Legal Counsel Records Reveal Agency’s Postwar Influence
The Knight Institute is publishing 14 indexes cataloging the titles of more than a thousand unclassified opinions authored by the OLC between 1945 and 1958.
Folly at the Supreme Court: Choosing Between Competing Originalist Claims
Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…
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…
Revisiting the Office of Legal Counsel’s Override Opinion
A critical analysis of 1989 OLC Opinion that would allow President to use force in violation of UN Charter and without Congressional support.
Good Governance Paper No. 20: Repairing and Strengthening Norms of Nuclear Restraint
Latest in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and the rule of law.
Good Governance Paper No. 18: Reforming Emergency Powers
Latest in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
The President and Immigration Law Series: Reflections on the Future of American Immigration Policy
Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…
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…
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.…
Is the Supreme Court Undercutting Congress’ Ability to Check Abuses of Presidential Power?
Yesterday’s Supreme Court rulings holding that the president is not immune from subpoenas issued by Congress and local law enforcement were a relief to many. But even as the…
Bill Barr: No Lap Dog, Just Defending His Idea of the Top Dog
A prevailing theory of Barr’s motivation is misplaced, and it may leave many uniformed about what truly propels Barr, why he is unlikely to ever change course, and why he is…