Topic
Executive Power
409 published works
The Right Coast
How Mitch McConnell could save Trump s border wall
Senate Majority Leader Mitch McConnell, R-Ky., could soon play a key role in protecting President Trump's proposed border wall by refusing to hold a vote on a measure aimed at…
The Right Coast
The Dangers of Government by Executive – Volokh Conspiracy : Reason.com
So, constitutional structure aside, why is presidential unilateralism bad? Because our system was designed to make major shifts in government policy difficult, and that's a good thing because it lowers…
The Right Coast
The Dangers of Government by Executive – Volokh Conspiracy : Reason.com
So, constitutional structure aside, why is presidential unilateralism bad? Because our system was designed to make major shifts in government policy difficult, and that's a good thing because it lowers…
PrawfsBlawg
The Non-Non-Delegation Doctrine
Main Friday, February 15, 2019The Non-Non-Delegation DoctrineOne common talking point about the national emergency declaration is that the President's action is unconstitutional. For this to be true, the National Emergencies…
Constitutional Law Prof Blog
William Barr’s Unitary Executive
If you want to know what William P. Barr, President Trump's nominee for Attorney General, thinks about congressional interference with executive-branch operations and the "unitary executive," check out his 1989…
PrawfsBlawg
The limits of Spiderman
Main Sunday, November 18, 2018The limits of SpidermanIlya Somin has an interesting post wielding the Spiderman Principle--"With great power comes greats responsibility"--to argue against judicial deference to the executive and…
The Right Coast
John Yoo: Whitaker’s appointment as acting Attorney General is unconstitutional
Actually, I take it back. There are probably no fewer than three big-name right-wing lawyers who deem this appointment unconstitutional. The other, as you already know if you ve read…
International Trade Law Prof Blog
Withdrawing from NAFTA: Legislative v. Presidential Constitutional Powers
By Alison Peck
Whether it’s NAFTA or a new United States-Mexico-Canada Agreement, the fast track scheme makes clear what roles the President and Congress play in getting into those congressional-executive trade agreements.But the…
International Trade Law Prof Blog
Withdrawing from NAFTA 2.0
By Alison Peck
There’s a new NAFTA in town, called the United States-Mexico-Canada Agreement or USMCA. Much like the old NAFTA, the new NAFTA contains a provision allowing parties to withdraw upon six…
ImmigrationProf Blog
Immigration Article of the Day: The Executive Power of Political Emergency: The Travel Ban by Jill E. Family
"The Executive Power of Political Emergency: The Travel Ban" by Jill E. Family, University of Missouri-Kansas City Law Review, Vol. 87, No. 3, 2018 14JILL E. FAMILY,As one of…