Executive Power
Law Professors’ Letter on Executive Power (Part 2): The Faithful President
In a previous post I noted that a group of law professors has released a public letter to the President’s counsel arguing that the President’s exercise of executive powers is limited by a duty of good faith and a responsibility not to act for private...
Can President Trump Shoot Jim Comey?
Last weekend, the White House leaked a copy of a letter sent by President Donald Trump’s legal team on Jan. 29 to special counsel Robert Mueller. The letter set forth the president’s legal strategy, arguing essentially that he is immune from prosecution...
Executive Orders, Obamacare and the Constitution
On Oct. 12, 2017, Pres. Donald Trump signed an executive order (EO) broadly intended to facilitate the sale of health insurance across state lines. Conservatives let out a collective cheer, believing the measure will lower the cost of health insurance, something the...
Trump’s Healthcare Executive Order: Following in Obama’s Footsteps?
When Pres. Trump issued an executive order phasing out DACA last month, the administration made it a constitutional issue, accusing Pres. Obama of overreaching his authority when he created the Deferred Action for Childhood Arrivals (DACA) by executive order in June...