The Supreme Court routinely decides whether particular governmental arrangements
contravene" the separation of powers." 1 Such cases touch on questions as diverse and …

Enforcement discretion-the authority to turn a blind eye to legal violations-is central to the
operation of both the federal criminal justice system and the administrative state. Yet its …

Article II of the United States Constitution vests “the executive power” in the President. For
more than two hundred years, advocates of presidential power have claimed that this phrase …

As a candidate in the 2008 presidential election race, Barack Obama vigorously denounced
the Bush Administration for what he argued were extreme and indefensible assertions of …

The growth of the administrative state and the expansion of presidential power have been
central features of American political development since the early twentieth century.' …

Conflict abroad almost always enhances executive power at home. This expectation has
held true at least since the constitutions of antiquity.'It holds no less true for modern …

This Article demonstrates that constitutional provisions rarely if ever have uniquely correct"
original public meanings" that are sufficiently determinate to resolve disputed constitutional …

Calls for change to the infrastructure of civil rights enforcement have grown more insistent in
the past several years, attracting support from a wide range of advocates, scholars, and …

The Treasury Department and the Internal Revenue Service interpret the Internal Revenue
Code (IRC or Code) using several formats, but Treasury regulations are by far the most …

This book is the first to undertake a detailed historical and legal examination of presidential
power and the theory of the unitary executive. This theory--that the Constitution gives the …