Executive Power - Page 5 of 8 - Harvard Law Review

Democracy Foreword

The Degradation of American Democracy — And the Court

Vol. 134 No. 1 November 2020 Introduction On June 25, 2013, the Supreme Court invalidated the geographic coverage formula of the 1965 Voting Rights Act, effectively abrogating the preclearance requirement...

Michael J. Klarman

Executive Power Recent Case

Recent Case: U.S. WeChat Users Alliance v. Trump

October 14, 2020 On August 6, 2020, the Trump Administration issued Executive Order 13943, banning the use of WeChat, a Chinese social media app, in the United...

Federal Courts Articles

Adjudication Outside Article III

Vol. 133 No. 5 March 2020 Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary....

William Baude

Administrative Law Recent Case

Indigenous Environmental Network v. Department of State

Montana District Court Holds State Department’s National Interest Determination for Keystone XL Pipeline Violated APA by Disregarding Prior Factual Findings.

Vol. 132 No. 8 June 2019

Constitutional Law Articles

Faithful Execution and Article II

Vol. 132 No. 8 June 2019 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...

Constitutional Law Blog Essay

Habeas Corpus in Wartime and Larger Lessons for Constitutional Law

April 15, 2019 This past year, I published the product of years of historical research in Habeas Corpus in Wartime: From the Tower of London to Guantanamo...

Amanda Tyler

Impeachment Book Review

To End a (Republican) Presidency

Vol. 132 No. 2 December 2018 I. The Pernicious Problem of Partisanship Alexander Hamilton foresaw it perfectly: impeachments of Presidents are by their nature political proceedings, conducted by political institutions...

Michael Stokes Paulsen

Executive Power Recent Case

United States v. Hamidullin

Fourth Circuit Holds Taliban Member Not Entitled to Combatant Immunity.

Vol. 132 No. 2 December 2018

Constitutional Law Leading Case

Trump v. Hawaii

Vol. 132 No. 1 November 2018 As a candidate for President of the United States, Donald Trump “call[ed] for a total and complete shutdown of Muslims entering the United States...

Constitutional Law Blog Essay

Statements and Standards in Trump v. Hawaii

June 28, 2018 On Tuesday, the Supreme Court sided with the Trump Administration in Trump v. Hawaii, the challenge to the third iteration of the President’s travel...

Kate Shaw