Presidential Powers
73 Articles

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?

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 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.

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.

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…

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."

The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database

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."

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…

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."