Executive Power

Getting Back to the Basics with Agency Rulemaking

The United States needs a bipartisan push to bring transparency and accountability back into the rulemaking process.

The Constitutional Executive Order on Regulatory Budgets

President Trump’s regulation-trimming executive order will likely survive judicial scrutiny despite potential policy objections.

Ordering Agencies to Violate the Law

President Trump’s regulatory budget executive order withholds agency action and harms the American public.

It Is Premature to Label a Regulatory Budget Unconstitutional

The President’s one-in, two-out executive order may be difficult to implement, but it is not unconstitutional.

Executive Power After United States v. Texas

This closely watched case highlights larger lessons about the limits on executive power.

President Obama Acts to Preserve Legacy of Land Conservation

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

Conventions as Constraints on Executive Discretion

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

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.