Issue 7

The continuing debate over the President’s directive authority is but one of the many separation‐of‐powers issues that have confronted courts,… Continue reading →

Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means… Continue reading →

Conventions pervasively shape and constrain executive discretion and are an indispensable tool for understanding the issues discussed in the articles.… Continue reading →

This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I… Continue reading →

In simple but delphic terms, the Take Care Clause states that the President “shall take Care that the Laws be… Continue reading →

What are the proper bounds of executive discretion in the regulatory state, especially over administrative decisions not to take enforcement… Continue reading →

In the modern era, the executive branch has extraordinary information‐gathering advantages over the legislative and judicial branches. As a result,… Continue reading →

My argument is that the presidency of the United States has the institutional disposition and capacity for constitutional arrogance—to take… Continue reading →

Balance‐of‐powers arguments are ubiquitous in judicial opinions and academic articles that address separation‐of‐powers disputes over the President’s removal authority, power… Continue reading →

Six years after its enactment and two years after the full implementation of the Affordable Care Act, now is an… Continue reading →