Separation of powers
61 Articles

Building Governing Machinery for the Next Pro-Democracy Moment
Domestic policy experts offer principles for reinvention meant to inform the work of policymakers, advocates, and governance rebuilders as they redesign federal institutions.

The Scope of Executive Privilege: Unpacking the D.C. Circuit’s Latest Decision
The D.C. Circuit upheld Navarro's contempt of Congress convictions, holding that executive privilege must be claimed by the president or an official authorized by the president.

At the 60-Day Mark, the Iran War is Triply Illegal
Under the War Powers Resolution, Trump must now terminate the hostilities against Iran he began two months ago. He seems set against doing so.

The Anti-Stonewalling Playbook: How Congress Can Plan Now to Counter Executive Branch Obstruction Next Term
Former Justice Department official provides steps Congress can take to prepare an oversight agenda now for the next congressional term.

Greenland Post-Davos: Enforcing 22 USC 1928f to Save NATO and Contain Trump’s Lawless Foreign Policy
In his threats against Greenland, President Trump has violated the U.N. Charter, the North Atlantic Treaty, and Section 1928f, prompting Congress to take swift action.

Congress, the President, and the Use of Military Force in Venezuela
Did the president have the authority under U.S. law to undertake Operation Absolute Resolve without congressional authorization? Leading experts say he did not.

Dissecting the Trump Administration’s Effort to Circumvent the War Powers Resolution for Boat Strikes
The administration's legal argument is both "incorrect and dangerous," writes Finucane.

Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday
Expert backgrounder on how War Powers Resolution works in application to U.S. military operations against suspected drug cartels.

Attacks on U.S. Legal Profession Reflect Global Slide in Countries It Once Aided
Political pressures like those used to silence legal professionals and undermine rule of law in Europe and Eurasia echo patterns of the autocratic playbook.

Legal Flaws in the Trump Administration’s Notice to Congress on “Armed Conflict” with Drug Cartels
The Trump administration’s “armed conflict” justification, however, is groundless.

Trump’s Use of Consent Decrees to Dismantle Policy
The administration has turned consent decrees into a deregulatory weapon, and courts are beginning to confront the limits of that strategy.

Rethinking IEEPA Accountability and Oversight
Congress can take steps now to revise IEEPA & strengthen accountability & oversight when the executive branch leverages U.S. economic powers.