Executive Power

A Legislative Lifeline for Independent Regulatory Agencies?

A Legislative Lifeline for Independent Regulatory Agencies?

Congress should require the President to replace agency heads after terminating them.

The Nondelegation Doctrine as a Check on Presidential Power

The Nondelegation Doctrine as a Check on Presidential Power

Scholar argues that courts should scrutinize delegations to the President more closely than those to agencies.

Nuclear Regulatory Policy and Presidential Power

Nuclear Regulatory Policy and Presidential Power

The Administration’s approach to Nuclear Regulatory Commission policy reflects its plan for other agencies.

Presidential Supremacy Threatens Economic Stability

Presidential Supremacy Threatens Economic Stability

Experts warn that presidential control over agency independence may have negative impacts on the U.S. economy.

Orders, Injunctions, and Institutional Power

Orders, Injunctions, and Institutional Power

Scholar argues that the U.S. Supreme Court is using interim orders to maximize its own authority.

The Fate of Independent Adjudication and the Civil Service?

The Fate of Independent Adjudication and the Civil Service?

Slaughter and Cook rely on historical inaccuracies while raising new questions about agency independence.

A Posthumous Reexamination of Humphrey’s Executor

A Posthumous Reexamination of Humphrey’s Executor

Scholars discuss the future of agency independence following a recent ruling on for-cause removal protections.

Misframing the Trump-Era Appropriations Battles

Misframing the Trump-Era Appropriations Battles

Appropriations should serve as substantive limits on executive power.

Administrative Law’s Conceptual Revolution

Administrative Law’s Conceptual Revolution

The Supreme Court has raised new questions by rejecting historic understandings of agency authority.

Article II Removal Power and the Roberts Court’s Reckless Hubris

Article II Removal Power and the Roberts Court’s Reckless Hubris

In weakening checks on executive power, the Roberts Court overlooks the wisdom of its predecessors.

Independent Agencies Get a Second Opinion

Independent Agencies Get a Second Opinion

Trump v. Slaughter may force independent agencies to provide more rigorous justifications for new rules.

No Independence? No Need

No Independence? No Need

The agency tasked with protecting federal employees, including whistleblowers, should be abolished.