Executive Power

Textual Tensions in the Vesting Thesis

Textual Tensions in the Vesting Thesis

The Constitution’s Vesting Clause may not provide the broad grant of presidential power that some scholars have assumed.

A Fresh Look at the President’s Procurement Power

A Fresh Look at the President’s Procurement Power

Despite recent skepticism, the President’s broad authority over federal contractors will remain.

The King (Presumptively) May Do No Wrong

The King (Presumptively) May Do No Wrong

In Trump v. United States, the Supreme Court has expanded executive power and elevated the President above the law.

The Supreme Court as Enabler in Chief

The Supreme Court as Enabler in Chief

The Supreme Court’s recent decision on presidential immunity threatens the survival of the American Republic.

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.

The Biden-Harris Administration’s Racial Equity Efforts

The Biden-Harris Administration’s Racial Equity Efforts

Although much more work remains, the current Administration has made historic progress in advancing equity.

“Rollback Whiplash” and a Two-Year Presidency

“Rollback Whiplash” and a Two-Year Presidency

Scholars argue that rollback tools mean Presidents must act fast to implement lasting policy.

A Fili-Busted Balance of Power

A Fili-Busted Balance of Power

The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.

The Supreme Court’s 2020-2021 Regulatory Term

The Supreme Court’s 2020-2021 Regulatory Term

Scholars discuss some of the Court’s most significant regulatory decisions.

Toward a “Unitary Executive” Vision of Article II?

Toward a “Unitary Executive” Vision of Article II?

The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.

Reason Trumps Pretext

Reason Trumps Pretext

Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.

Revisiting the Constitutionality of Independent Agencies

Revisiting the Constitutionality of Independent Agencies

The Supreme Court has destabilized principles on federal agencies’ structures and for-cause removal.