Presidential Powers
78 Articles

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…

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