The Making of Presidential Administration
Vol. 137 No. 8
Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and...
Article II
Exec. Order No. 14,105
Executive Order Restricts U.S. Outbound Investment into Sensitive Technology Sectors in China.
Vol. 137 No. 5
A Convict in Chief?
Introduction The indictment, arrest, and arraignment of former President Donald Trump have given rise to a slew of opinions and questions about the wisdom...
“As the Legislature Has Prescribed”: Removing Presidential Elections from the Anderson-Burdick Framework
Vol. 135 No. 4
In the summer of 2019, California enacted Senate Bill 27 (S.B. 27), or the Presidential Tax Transparency and Accountability Act. The law required candidates...
The President’s Conditional Pardon Power
Vol. 134 No. 8
The President’s pardon power is a near-blank check hidden among the Constitution’s checks and balances. Despite substantial hand-wringing about possible abuses of the power,...
Trump v. Vance
Vol. 134 No. 1
In September 2016, then-candidate Donald J. Trump assured the American public that he would release his tax returns as soon as the IRS finished...
Chiafalo v. Washington
Vol. 134 No. 1
In most presidential elections, the Electoral College is part of the forgotten plumbing of our constitutional system. But in 2016, a small group of...
Faithful Execution and Article II
Vol. 132 No. 8
Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must “take Care that the Laws be...