Presidential Powers
78 Articles
Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…
What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios
Mapping different outcomes for the Court's decision on Trump's presidential immunity and the follow-on procedural pathways emerging from those scenarios.
Congress Can Curb Abuse of the Presidential Pardon Power
Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.
Tit-for-Tat Hostilities In Syria: War Powers and International Law Implications
The Biden administration's latest war powers report to Congress and letter to the UN Security Council raise questions about the domestic and international legal basis for hostilities…
2022 Update: Good Governance Paper No. 18: Reforming Emergency Powers
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
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…