As the 250th anniversary of our independence approaches, let us linger over the most important sentence that James Madison ...

Controlling Opinions is a recurring series by Richard Re that explores the interaction of law, ideology, and discretion at the Supreme Court. The Supreme Court is creating a formidable presidential ...

This story is part of an occasional series on research projects currently in the works at the Law School.The “unclean hands” ...

The Supreme Court seems likely to embrace "unitary executive" theory (UET) in its upcoming case in Trump v. Slaughter, at least in so far as that theory mandates that the president have the power to ...

An executive order is a written directive issued by the President to officers and agencies within the executive branch, instructing them on how to carry out existing law or exercise authorities ...

This is a moment that calls for great courage. Federal trial and appellate judges must leave behind the safe harbor of timidity and lengthy footnotes and instead act boldly when the executive ...

Courtly Observations is a recurring series by Erwin Chemerinsky that focuses on what the Supreme Court’s decisions will mean for the law, for lawyers and lower courts, and for people’s lives. Please ...

Democrats are at odds over a Republican-led discharge petition to ban stock trading by members of Congress, with some insisting any prohibition should also apply to the executive branch. It marks the ...

Washington — President Trump's efforts to reshape the executive branch and flex his presidential power are set to be tested at the Supreme Court on Monday, when the justices convene to hear a case ...