unitary executive

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Supreme Court Building

Folly at the Supreme Court: Choosing Between Competing Originalist Claims

Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…
Supreme Court Building

Supreme Court Preview: Collins v. Mnuchin and the Expanding ‘Unitary Executive’ Theory

The consequences for the federal government of an expanded unitary executive theory would be significant: high turnover, low competence, and less expertise, all of which serve…
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 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.
The outside of the E. Barrett Prettyman United States Courthouse in Washington D.C. during the day on Saturday, June 28, 2014.

The Constitutional Challenge to Robert Mueller’s Appointment (Part IV):  Morrison, Edmond, and the DOJ Special Counsel Regulations

[With relatively minor oral argument updates; Nov. 8]  In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…
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