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.
Congress could help agencies reduce regulatory redundancies by passing a single law.
When it comes to rulemaking, “It should no longer be sufficient for agency decision makers to assume that the only hurdle they have to meet is simply not being ‘clearly wrong.'”
“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”
Disputes about the limits of executive power cannot be productively resolved by appeals to the Constitution.
When it comes to brokering settlements, presidential power may need to be regulated.