Executive Power

Presidential Authority and the Antiquities Act

Scholars contend that the President may revoke monument designations made during previous administrations.

The Travel Ban in Court

The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.

Improving Regulation of Police Use of Lethal Force

Scholar argues that policymakers should apply the substance of executive branch lethal force regulations to the police context.

Executive Power and the CFPB

D.C. Circuit weighs constitutionality of the consumer financial watchdog’s organizational structure.

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.