The Supreme Court has good reason to question the expansion of power in the executive branch. Agencies such as the Occupational Health and Safety Administration (OSHA) exercise broad authority, deciding policy questions that the constitutional Framers expected Congress to decide.
UNLV - William S. Boyd School of Law Blogs
Latest from UNLV - William S. Boyd School of Law
Presidential Failure to Act and the Coronavirus Pandemic
For most of President Trump’s time in office, we’ve had to worry about his aggressive use of the executive power and his penchant for pushing or exceeding the limits of his authority. Unfortunately, we now are suffering from his failure
Presidential Censure
It’s not surprising that the House has impeached only three presidents, four counting Richard Nixon’s resignation before his inevitable impeachment. Nor is it surprising that the Senate has never convicted a president on impeachment charges. Removing a president from
Qassim Soleimani and the Problem of Presidential Power
Only time will tell whether it was prudent for President Trump to authorize the killing of Qassim Soleimani. But we don’t need to wait to recognize that the constitutional design for the executive branch has failed us. As I have
Presidential Age
While political commentary has emphasized the septuagenarian status of leading presidential candidates, it has done so in a troubling way. Rather than worry that Bernie Sanders, Elizabeth Warren, or Joe Biden may be the oldest person to become president, we
Asking the Right Questions on Impeachment
As the House Judiciary Committee considers impeachment, there are three important questions for it to answer. Did President Trump violate his oath of office? If so, did his misconduct constitute high crimes and misdemeanors? And if so, should President Trump
More Presidential Candidates?
As Deval Patrick throws his hat into the ring and Michael Bloomberg takes steps to join the presidential race, their prospects are questionable. According to an historical analysis by Jeff Greenfield, late entries fare poorly. Even more evidence that
The Media’s Unhealthy Obsession with Taxes
The media’s reaction to Senator Elizabeth Warren’s health care plan reflects a troubling approach to the way it thinks we should evaluate candidates for the presidency. After the Senator released her very smart proposal, the media might have asked a
Impeachment and the Framers of the Constitution
In general, one cannot be confident about the intent of the Framers, and that is true about impeachment. For example, while some observers have claimed that President Trump’s dealings with the Ukraine lie at the heart of the Framers’ reasons
Averting Impeachment and Conviction
President Trump’s decision not to host the G7 Summit at his Doral golf resort was not only prudent, it also reflects an important lesson for his supporters in Congress and elsewhere. They can stand with him by opposing impeachment charges