Separation of powers

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45 Articles
Tank and soldiers shown on Mexico border

The New “National Defense Area” at the Southern Border: What You Need to Know

NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
A man comes out of the Voice of America (VOA) building on March 17, 2025

Justice Department Fails to Address Central Point in VOA Case

A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.
Signage for US broadcaster Voice of America is seen in Washington, DC

Unpacking the Voice of America Litigation

Recent rulings by federal judges provide templates for opposing the destruction of congressionally-created agencies like the Voice of America.
Drafting the Declaration of Independence in Antique Illustration (Getty Images)

No, the President Cannot Issue Bills of Attainder

Trump orders functioning as bills of attainder are prohibited by the Constitution and repugnant to its separation of powers.
The episode title appears with sound waves behind it.

The Just Security Podcast: Understanding the Congressional Investigations Landscape

Ronak D. Desai explains what to expect for congressional investigations and oversight with unified Republican control of both chambers.
From left to right, standing in the back row are Lewis F. Powell, Thurgood Marshall, Harry Blackmun, and William Rehnquist

No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case

I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.
U.S. President Donald Trump signs a series of executive orders at his desk.

Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us

Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.
Ranking member Sen. Lindsey Graham (R-SC) speaks with committee chairman Sen. Dick Durbin (D-IL)

Absolute Presidential Immunity and the Evasion of Checks and Balances: My Testimony Before the Senate Judiciary Committee

"The potential abuses of official power that are made possible by the Court’s ruling, and the neutering of Congress’s ability to act, are alarming."

A Prudential Way Forward in Trump v. United States

"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."
The U.S. Supreme Court building at dawn in Washington, D.C., U.S. Photographer: Samuel Corum/Bloomberg

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity

Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

How ‘Economic Security’ is Re-shaping Presidential Power

Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.
The episode title appears with sound waves behind it.

The Just Security Podcast: Presidential Immunity After Trump v. United States

Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.  
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