Presidential Powers

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Two Muslim women stand near a fence across the street from the White House before the start of a protest against the Trump administration's proposed travel ban, October 18, 2017 in Washington, DC.

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 Statue of Liberty is viewed from the rooftop of the new Statue of Liberty Museum, May 13, 2019 on Liberty Island in New York City.

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…
Trump and William Barr

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.…
Trump

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…
William Barr, nominee to be US Attorney General, takes the oath before testifying during a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, DC, January 15, 2019.

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…
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
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