Presidential Powers

The United States' deepest constitutional and national security challenge involves not personalities, but structure.

President Biden should proclaim the conflict authorized by the 2002 resolution to be over and determine that it is no longer “necessary and appropriate” to use force for the…

"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."

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…

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 impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.

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…

At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

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.

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…

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…

A critical analysis of 1989 OLC Opinion that would allow President to use force in violation of UN Charter and without Congressional support.