Executive Power

Who Decides?

Who Decides?

Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.

Does Anyone Know What the “Take Care Clause” Means?

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

The Role of Faithful Execution in U.S. Immigration Policy

Patricia Bellia explores legality of deferred action program under the faithful execution clause.

Implementing Health Care Reform During a Political Stalemate

Implementing Health Care Reform During a Political Stalemate

Nicholas Bagley analyzes expanding executive power in the name of health care reform.

Is Balance of Power a Useful Doctrine?

Is Balance of Power a Useful Doctrine?

Eric Posner argues that “balance of power” is not a helpful concept for governing the relationship between the branches.

Constitutional Arrogance

Constitutional Arrogance

Michael Gerhardt argues that the presidency is designed to stretch the boundaries of its power.

The Case for Greater Executive Discretion

The Case for Greater Executive Discretion

Cass Sunstein argues that the executive branch has better information to make policy decisions than the other branches of government.

The Bounds of Executive Discretion in the Regulatory State

The Bounds of Executive Discretion in the Regulatory State

Penn Law hosts symposium on the legality of contemporary uses of executive power.