Executive Power

Amid recent controversy, Obama relies on Antiquities Act authority to designate new monuments in the Mojave Desert.

Adrian Vermeule’s closing remarks highlight the role of conventions in limiting the exercise of executive power.

Christopher Yoo argues in defense of the use of presidential signing statements.

Dan Walters argues that the Administrative Procedure Act provides the courts with the best framework for reviewing presidential inaction.

Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.

Courts have used the take care clause in multiple, and sometimes conflicting, ways.

Patricia Bellia explores legality of deferred action program under the faithful execution clause.

Nicholas Bagley analyzes expanding executive power in the name of health care reform.

Eric Posner argues that “balance of power” is not a helpful concept for governing the relationship between the branches.

Michael Gerhardt argues that the presidency is designed to stretch the boundaries of its power.

Cass Sunstein argues that the executive branch has better information to make policy decisions than the other branches of government.

Penn Law hosts symposium on the legality of contemporary uses of executive power.