Executive Power

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.

The Uncertain Future of the Separation of Powers

The Uncertain Future of the Separation of Powers

Peter M. Shane discusses recent expansions of presidential power.

Textual Tensions in the Vesting Thesis

Textual Tensions in the Vesting Thesis

The Constitution’s Vesting Clause may not provide the broad grant of presidential power that some scholars have assumed.

A Fresh Look at the President’s Procurement Power

A Fresh Look at the President’s Procurement Power

Despite recent skepticism, the President’s broad authority over federal contractors will remain.

The King (Presumptively) May Do No Wrong

The King (Presumptively) May Do No Wrong

In Trump v. United States, the Supreme Court has expanded executive power and elevated the President above the law.

The Supreme Court as Enabler in Chief

The Supreme Court as Enabler in Chief

The Supreme Court’s recent decision on presidential immunity threatens the survival of the American Republic.

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.