Separation of powers
59 Articles
Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
Awkward transitions to “unified government” and what it portends.
A Roadmap for Reform: How the Biden Administration Can Revitalize the Office of Legal Counsel
As President-Elect Joe Biden announces his picks for cabinet positions, the Nation’s focus has increasingly turned to the challenges facing the incoming administration. One such…
Nestlé & Cargill v. Doe Series: In Oral Arguments, Justices Weigh Liability for Chocolate Companies
U.S. corporations, including Nestle and Cargill, may face massive liability under the Alien Tort Statute for aiding and abetting slavery abroad. But does the ATS support such liability?…
Nestlé & Cargill v. Doe Series: American Courts Do Not Have Universal Jurisdiction Over All Wrongs Everywhere
[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Exclusive: Obstruction At All Costs: The State Department’s Petty Document Fight with Congress
The State Department is refusing to comply with a House subpoena for documents that it's already shared with Senate Republicans.
Trump’s Empty “Withdrawal” from the World Health Organization
WHO withdrawal can't take legal effect until mid-2021 per federal law. That plus other formidable legal obstacles may yet stand in Trump's way.
What to Do with Vetoed Bills
Applying a Youngstown canon to vetoed bills respects Congress’s clearly expressed position while also complying with the Constitution, as interpreted by the Supreme Court in…
Trump’s Invoking Obama Signing Statement as Reason Not to Report to Congress on Khashoggi Murder: A Roundup of Expert Views
The Trump administration has refused to submit a report to Congress, as required by federal statute, providing a determination whether Saudi Arabia's Crown Prince Mohammed bin…
What the Constitution Says About Trump’s Obstruction of Pelosi’s Afghanistan Trip
President Donald Trump’s retaliation against Speaker Nancy Pelosi’s withdrawing the State of the Union invitation — denying Pelosi’s use of military aircraft to travel…
The Senate Strikes Back: Checking Trump’s Foreign Policy
Though the Senate vote on cessation of military assistance for the Saudi War in Yemen will have no practical effect – the House of Representatives will not take up the matter…
Are We Down to One Branch of Government?
The Republican-led Congress has essentially abdicated its role. The Supreme Court — with its travel ban decision and especially now with Justice Anthony Kennedy’s retirement…
Trump’s Escalating Assault on the Justice Department: Time to Review Dershowitz’s Defense of Unreviewable Presidential Control of Federal Law Enforcement
President Trump has taken a dramatic turn in his push against the Justice Department. His approach his built on a theory that Alan Dershowitz defends on television. But when Dershowitz…