Enhancing Democracy With Presidential Signing Statements
Christopher Yoo argues in defense of the use of presidential signing statements.
Using the APA to Constrain Presidential Inaction
Dan Walters argues that the Administrative Procedure Act provides the courts with the best framework for reviewing presidential inaction.
Who Decides?
Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.
Does Anyone Know What the “Take Care Clause” Means?
Courts have used the take care clause in multiple, and sometimes conflicting, ways.
The Role of Faithful Execution in U.S. Immigration Policy
Patricia Bellia explores legality of deferred action program under the faithful execution clause.
Implementing Health Care Reform During a Political Stalemate
Nicholas Bagley analyzes expanding executive power in the name of health care reform.
Is Balance of Power a Useful Doctrine?
Eric Posner argues that “balance of power” is not a helpful concept for governing the relationship between the branches.
Constitutional Arrogance
Michael Gerhardt argues that the presidency is designed to stretch the boundaries of its power.
The Case for Greater Executive Discretion
Cass Sunstein argues that the executive branch has better information to make policy decisions than the other branches of government.
The Bounds of Executive Discretion in the Regulatory State
Penn Law hosts symposium on the legality of contemporary uses of executive power.
Week in Review
The D.C. Circuit denies a motion for a stay of the Clean Power Plan, President Obama vetoes a joint resolution that would invalidate the Clean Water Rule, and more…
YouTube Faces Complaints Over Junk Food Ads
Consumer advocacy groups call on the FTC to investigate allegedly kid-inappropriate content.