Executive Power

Toward a “Unitary Executive” Vision of Article II?

Toward a “Unitary Executive” Vision of Article II?

The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.

Reason Trumps Pretext

Reason Trumps Pretext

Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.

Revisiting the Constitutionality of Independent Agencies

Revisiting the Constitutionality of Independent Agencies

The Supreme Court has destabilized principles on federal agencies’ structures and for-cause removal.

The Supreme Court’s 2019-2020 Regulatory Term

The Supreme Court’s 2019-2020 Regulatory Term

Scholars and practitioners highlight the Court’s most significant regulatory and administrative law decisions.

Old Norms and New Challenges in Spain’s Response to COVID-19

Old Norms and New Challenges in Spain’s Response to COVID-19

Executive and legislative branches of Spain’s government wield debatable legal authority in times of crisis.

Trump’s “Emergency” and the Constitution

Trump’s “Emergency” and the Constitution

The Constitution requires the Supreme Court to ensure that the President does not abuse emergency powers.

Presidential Authority and the Antiquities Act

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 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

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

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

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

The Constitutional Executive Order on Regulatory Budgets

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