Presidential Powers

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A man wearing a mask sits outside a barber shop in Lilburn, Georgia on April 24, 2020.

Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic

As governors start reopening their states, what could the White House and federal government do to stop it if the feds wanted to?
Trump and Pence attend a teleconference with governors at the Federal Emergency Management Agency headquarters on March 19, 2020 in Washington, DC. Neither wear face masks. They sit in from of a FEMA sign and logo.

Use the Defense Production Act to Flatten the Curve

James Baker, former Chief Judge of the U.S. Court of Appeals for the Armed Forces and Legal Adviser to the National Security Council, urges the President to take more decisive…
The dome of the U.S. Capitol Buidling and the US flag.

The Soleimani Strike and the Case for War Powers Reform

With passage of historic war powers legislation on Iran, a leading authority homes in on what deep reform of the war powers should look like.
William Barr in 1992 and in 2019

Let the Rule of Law Rule Law Enforcement: Reflections on the Current Attorney General’s Tenure

A former Acting Attorney General who earlier served with Bill Barr in the H.W. Bush administration writes scathing critique of Barr.
Attorney General William Barr (C) speaks during a press conference on the shooting at the Pensacola naval base January 13, 2020 in Washington, DC.

Dis-Barr the Justice Department

“I testified at Barr's Senate confirmation hearing. I urged the Senate to reject the nomination. … I am not saying here that I told you so. Rather, my warning was insufficiently…
Flags of USA and Iran

White House ‘1264 Notice’ and Novel Legal Claims for Military Action Against Iran

"The administration’s positions amount to a fundamental revision of existing legal foundations for military action against Iran that can be undertaken by this and future presidents."
Side by side photos of a Congressional document labeled, “H.J. Res. 542” and the remnants of the U.S. airstrike still on fire that killed Soleimani and al-Muhandis on Jan. 3, 2020 outside the Baghdad International Airport.

The Soleimani Strike and War Powers

Key Legal Questions, With Preview of a New Research Database
US Attorney General William Barr (L) and US President Donald Trump

A National Security Impeachment

"What this standoff also reveals is a deeper threat to our constitutional system, and a pathway forward for legislators to guard against abuses by this and future presidents."
Truman next to a newspaper with the headline, "Truman orders U.S. air and sea forces to support South Korea.”

The Limited War Powers Precedent of the Korean “Police Action”

In a recent piece in the Washington Post, Professor Mary Dudziak drew attention to the Executive Branch’s continued reliance upon President Truman’s police action on the Korean…
Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Charles Schumer (D-NY) and House Minority Leader Nancy Pelosi (D-CA), confer during a ceremony awarding former Senate Majority Leader Bob Dole the Congressional Gold Medal at the U.S. Capitol on January 17, 2017 in Washington, DC.

So This Is What Congress’ Getting Involved in Foreign Affairs Looks Like

Analysts and scholars have long wondered what it would look like if Congress reasserted itself in foreign affairs.  It’s a role that Just Security Founding Editor (and my former…

New Year Thoughts on the Role of Chief of Staff and Trump White House Dysfunction

The White House chief of staff position is again in transition. It is the top staff job in government — a momentous position that merits a broad look at its roles and responsibilities.…

A First Take on Bill Barr’s Memo on Presidential Authority and the Mueller Investigation

"It’s not hard to summarize Barr’s views because they're so shockingly categorical and so extreme."
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