unitary executive

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A bank with large Corinthian Greek columns and horses and buggies. 1830s painting titled "Girard's Bank, late the Bank of the United States, in Third Street, Philadelphia" shows the building that housed the First Bank (Image via New York Public Library).

The Federal Reserve Exception to the Slaughter Rule

On the Supreme Court’s latest reasoning about the Federal Reserve and the fault lines that are likely to emerge in the years ahead.

Looking Back at Humphrey’s Executor

On the forgotten history of the Supreme Court's Humphrey’s Executor v. United States, a cornerstone of the administrative state.
National Labor Relations Board (via Wikimedia Commons).

Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court

The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.
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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