Latest in Executive Power

Executive Power

The Supreme Court’s Contribution to the Confrontation Over Emergency Powers

Three significant questions behind President Trump’s declaration of a national emergency to build a border wall have a single, surprising answer: Why did Congress in the National Emergencies Act (NEA) of 1976 delegate such broad and vague power to the president to declare national emergencies? Why wasn’t Congress more specific in defining the circumstances that constitute a national emergency? And why are the courts now going to have the final word in determining whether the president has properly invoked or abused the power the NEA gives him?

Executive Power

The Trump Administration and Executive Power: Evidence from Justice Department Views Letters

The executive branch has several ways of asserting exclusive presidential powers. Presidential signing statements, memoranda from the Office of Legal Counsel (OLC), legal briefs—these are well-studied tools of executive claims-staking. The use of these tools in the Trump administration has received plenty of coverage on this blog and others.

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