Executive Power

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.

The Biden-Harris Administration’s Racial Equity Efforts

The Biden-Harris Administration’s Racial Equity Efforts

Although much more work remains, the current Administration has made historic progress in advancing equity.

“Rollback Whiplash” and a Two-Year Presidency

“Rollback Whiplash” and a Two-Year Presidency

Scholars argue that rollback tools mean Presidents must act fast to implement lasting policy.

A Fili-Busted Balance of Power

A Fili-Busted Balance of Power

The filibuster has caused Congress to give up its constitutional power to oversee the administrative state.

The Supreme Court’s 2020-2021 Regulatory Term

The Supreme Court’s 2020-2021 Regulatory Term

Scholars discuss some of the Court’s most significant regulatory decisions.

Toward a “Unitary Executive” Vision of Article II?

Toward a “Unitary Executive” Vision of Article II?

The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.

Reason Trumps Pretext

Reason Trumps Pretext

Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.

Revisiting the Constitutionality of Independent Agencies

Revisiting the Constitutionality of Independent Agencies

The Supreme Court has destabilized principles on federal agencies’ structures and for-cause removal.

The Supreme Court’s 2019-2020 Regulatory Term

The Supreme Court’s 2019-2020 Regulatory Term

Scholars and practitioners highlight the Court’s most significant regulatory and administrative law decisions.

Old Norms and New Challenges in Spain’s Response to COVID-19

Old Norms and New Challenges in Spain’s Response to COVID-19

Executive and legislative branches of Spain’s government wield debatable legal authority in times of crisis.

Trump’s “Emergency” and the Constitution

Trump’s “Emergency” and the Constitution

The Constitution requires the Supreme Court to ensure that the President does not abuse emergency powers.

Presidential Authority and the Antiquities Act

Presidential Authority and the Antiquities Act

Scholars contend that the President may revoke monument designations made during previous administrations.