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In the wake of the novel corona virus pandemic, and the political in-fighting in Washington, a number of questions have arisen on the extent and scope of presidential power under Article 2 of the U.S. Constitution.  To mention just a few:

1. How broad is the President’s power during an emergency vs. the traditional local police power of the states?

2. Can the President simply fire all of the officials charged by Congress with the role of oversight of the executive branch – even to the extent of “retaliating” for their fulfilling their statutory duty when the information revealed is embarrassing to the President?

3. President Trump recently issued a “signing statement” when he signed the CARES Act into law, saying he will not cooperate with the congressional oversight built into the new Act as trampling on his executive prerogatives.  Can he do that?

4. Presidents have been issuing more and more Executive Orders to enact substantive policy when Congress has refused to act.  Is this proper and appropriate?

5. The President has also suggested he can unilaterally adjourn Congress and put it into recess in order to make recess appointments.

 In advance of our discussion, we will provide relevant excerpts from the Federalist Papers on the issue of Executive Power, key clauses from the Constitution, as well as samples of recent discussions in articles and/or U.S. Supreme Court decisions about the scope of executive power, the theory of the “unitary executive”, and the separation of powers.

In advance of our discussion, we will provide relevant excerpts from the Federalist Papers on the issue of Executive Power, key clauses from the Constitution and samples of recent discussions in articles and/or U.S. Supreme Court decisions about the scope of executive power, the theory of the “unitary executive”, and the separation of powers.