Topic
Executive Power
409 published works
PrawfsBlawg
President Debs
Main Monday, March 20, 2023President DebsLet's try out a fun constitutional counterfactual. Suppose Eugene Debs had won the 1920 presidential election from prison. (He received 1,000,000 votes.) What would have…
PrawfsBlawg
The Origin of the “Zone of Twilight”
Main Sunday, January 08, 2023The Origin of the "Zone of Twilight"Until I began researching my book on Justice Jackson's Youngstown concurrence, I did not know that he probably got the…
PrawfsBlawg
When Did the Civil War End?
Main Wednesday, October 19, 2022When Did the Civil War End?No, this is not a trick question with an answer like "Never." I mean when did the war end as a…
PrawfsBlawg
Grand Juries and the Unitary Executive
Main Thursday, October 13, 2022Grand Juries and the Unitary ExecutiveI was reading an account of Robert E. Lee's indictment for treason. In May 1865, a federal district judge in occupied…
PrawfsBlawg
Breaking The Law to Save the Law
Main Friday, August 12, 2022Breaking The Law to Save the LawI came across this passage from Dicey that explains this issue quite well: There are times of tumult or invasion…
PrawfsBlawg
Mass Resignations As A Check on Executive Authority
Main Wednesday, July 06, 2022Mass Resignations As A Check on Executive AuthorityThe implosion of Boris Johnson's Government in the past day is quite extraordinary. (If you missed the debate in…
PrawfsBlawg
The Decision of 1789
Main Wednesday, February 23, 2022The Decision of 1789One question that I raised at a conference this weekend was: "When was the "Decision of 1789" first characterized that way? The Decision…
Appellate Advocacy Blog
Appellate Advocacy Blog Weekly Roundup Sunday, August 29, 2021
Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something…
Sentencing Law and Policy
Might "big change" in New York leadership include a better record on clemency?
I got to thinking today that the coming resignation of Andrew Cuomo will end a particularly disappointing recent chapter in state clemency activity. Notably, in the wake of Prez Obama;s…
PrawfsBlawg
The Archives of Youngstown
Main Tuesday, August 10, 2021The Archives of YoungstownI was at the Library of Congress last week to review Justice Jackson's papers on Youngstown. I thought that I would post a…