Executive Power

Latest in Executive Power

Executive Power

Indicting and Prosecuting a Sitting President

There are ... incidental powers, belonging to the executive department, which are necessarily implied from the nature of the functions, which are confided to it. Among these, must necessarily be included the power to perform them, without any obstruction or impediment whatsoever. The President cannot, therefore, be liable to arrest, imprisonment, or detention, while he is in the discharge of the duties of his office ...

Joseph Story, Commentaries on the Constitution of the United States, § 1563 (1833)

Executive Power

The President Is Still Subject to Generally Applicable Criminal Laws: A Response to Barr and Goldsmith

In an op-ed in the New York Times and a post on Lawfare, we criticized President Trump’s nominee to be the next attorney general, William Barr, for a memo he sent to Trump administration officials last June arguing that Special Counsel Robert Muell

Executive Power

Yes, the Constitution Allows Indictment of the President

In a recent opinion piece, I argued that the text and structure of the Constitution, a serious commitment to the rule of law, and plain good sense combine to preclude a rigid policy of “delaying any indictment of a president for crimes committed in winning the presidency.” When a scholar I admire as much as Philip Bobbitt strongly disagrees and argues otherwise

Federal Law Enforcement

Jeff Sessions’s Firing, Matthew Whitaker’s Rise and the Attorney General’s Role In the Mueller Investigation

The acting attorney general’s past statements about the Russia probe raise genuine concerns about his service overseeing it.

Scholarship

Remembering the Whiskey Rebellion

On September 25, 1794, President George Washington proclaimed that that he was sending state militia forces to subdue what was dubbed the “Whiskey Rebellion.” The following week, Washington became the first and only sitting president to command forces in the field. The episode included some other important firsts—and even though few shots were ultimately fired, it highlights some significant and peculiar ways in which law controlled military power in the early republic.

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