Executive Power and the Supreme Court
Supreme Court Allows Trump to Fire FTC Member but Not Federal Reserve Director
| National Constitution Center Staff | National Constitution Center | June 29, 2026
The Supreme Court issued two decisions addressing presidential authority to remove executive officials. The Court permitted the removal of a Federal Trade Commission member while requiring additional procedural consideration in the dispute involving a Federal Reserve governor.
The Supreme Court in Review: Another Landmark Term
| National Constitution Center Staff | National Constitution Center | July 10, 2026
A review of major Supreme Court decisions involving presidential authority, birthright citizenship, administrative agencies, executive removal powers, and the constitutional limits placed on executive action.
Idea of Changing the Number of Supreme Court Justices Is Hardly New
| National Constitution Center Staff | National Constitution Center | June 3, 2026
An examination of historical attempts to alter the size of the Supreme Court and the continuing debate over presidential influence, judicial independence, and the separation of powers.
Brookings Experts on the Supreme Court’s Tariff Decision
| Brookings Institution Experts | Brookings Institution | February 24, 2026
Brookings scholars analyze the Supreme Court’s decision limiting the president’s ability to impose tariffs under emergency-powers legislation and discuss its consequences for trade policy and congressional authority.
Does President Trump Have the Authority to “Nationalize” Voting?
| Brookings Institution | Brookings Institution | February 11, 2026
An analysis of constitutional limits on presidential attempts to control election administration. The article explains that Congress and the states possess the primary constitutional authority over federal election procedures.
Supreme Court to Reconsider Landmark Precedent Limiting Presidential Firing Powers
| National Constitution Center Staff | National Constitution Center | December 5, 2025
A discussion of litigation asking the Supreme Court to reconsider Humphrey’s Executor and expand presidential control over officials serving on independent federal commissions.
Can the Federal Reserve Be Split in Two?
| Brookings Institution | Brookings Institution | October 10, 2025
The article examines whether regulatory and monetary-policy responsibilities could be separated as the Supreme Court considers broader presidential authority over officials in independent agencies.
The President’s Favorite Decision: The Influence of Trump v. United States in Trump 2.0
| Jack Goldsmith | Lawfare | 2025
An assessment of how the Supreme Court’s presidential-immunity ruling has influenced claims of executive authority during President Trump’s second administration.
Presidential Criminal Immunity: A Rule-of-Law Threat Beyond the Oval Office
The article argues that the criminal-immunity doctrine created in Trump v. United States may protect not only presidents but also complicate prosecutions involving subordinate executive officials.
Is the Growth of Executive Power a Threat to Constitutional Democracy?
| Brookings Institution | Brookings Institution | July 2, 2025
A historical and contemporary examination of expanding presidential power and whether modern assertions of executive authority threaten constitutional checks and balances.
Presidential Power From America’s Founding to Today
| National Constitution Center | National Constitution Center | June 3, 2025
Constitutional scholars debate the original meaning of Article II and the extent to which Congress may regulate, limit, or structure the president’s control of the executive branch.
Will a Supreme Court Precedent Limiting Presidential Removal Powers Survive?
| National Constitution Center Staff | National Constitution Center | February 25, 2025
The article considers whether the Supreme Court may overturn Humphrey’s Executor and permit presidents to remove members of independent regulatory commissions without statutory cause.
Defining the President’s Constitutional Powers to Issue Executive Orders
| National Constitution Center Staff | National Constitution Center | January 29, 2025
An explanation of the constitutional and statutory foundations of executive orders, emphasizing the framework established by the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer.
Trump v. United States and the Limits of Separation-of-Powers Formalism
| Shalev Roisman | Lawfare | December 4, 2024
The article argues that the Supreme Court’s approach to presidential criminal immunity exposes serious weaknesses in formalist methods of resolving separation-of-powers disputes.
The Relative Insignificance of the Immunity Holding in Trump v. United States
| Lawfare Contributors | Lawfare | September 23, 2024
An analysis contending that the evidentiary and procedural restrictions imposed by the Court may prove more consequential than the formal recognition of presidential immunity.
The Supreme Court Decision That Ended Nixon’s Presidency
| National Constitution Center Staff | National Constitution Center | July 24, 2024
A historical account of United States v. Nixon, in which the Supreme Court rejected an absolute claim of executive privilege and required President Nixon to release the Watergate recordings.
Trump v. United States: Explaining the Outrage
| Brookings Institution | Brookings Institution | July 12, 2024
An examination of the criticism directed at the Supreme Court’s presidential-immunity decision and the ruling’s potential effects on accountability and future presidential conduct.
A Rule for the Ages, or a Rule for Trump?
| Lawfare Contributors | Lawfare | July 11, 2024
The article evaluates whether the Supreme Court established a durable constitutional rule for all presidents or constructed an immunity framework especially advantageous to Donald Trump.
A Decision of Surpassing Recklessness in Dangerous Times
| Lawfare Contributors | Lawfare | July 2, 2024
A strongly critical assessment of the Supreme Court’s presidential-immunity ruling and its possible consequences for abuse of executive authority.
The Supreme Court’s Presidential Immunity Decision
| Lawfare Contributors | Lawfare | July 2, 2024
A detailed explanation of the Court’s distinction among unofficial conduct, official presidential acts, and actions falling within the president’s exclusive constitutional authority.
The Supreme Court Rules on Presidential Immunity
| Hyemin Han | Lawfare | July 1, 2024
A summary of the Supreme Court ruling granting presidents absolute immunity for certain core constitutional acts and presumptive immunity for other official conduct.
Correcting Presidential Immunity’s Original Sin
| Alan Z. Rozenshtein | Lawfare | April 10, 2024
The author argues that presidents should generally receive qualified rather than absolute immunity in both civil and criminal cases involving official conduct.
Explaining the Trump Immunity Case at the Supreme Court
| National Constitution Center Staff | National Constitution Center | March 12, 2024
An overview of the constitutional arguments concerning whether a former president may be criminally prosecuted for actions allegedly taken while exercising presidential authority.
How FDR Lost His Brief War on the Supreme Court
| National Constitution Center Staff | National Constitution Center | February 5, 2024
A historical account of President Franklin Roosevelt’s unsuccessful court-expansion proposal and the political resistance generated by his attempt to reshape the judiciary.
From a Fixed, Limited Presidency to a Living, Flexible, Boundless Presidency
| Stephen F. Knott | National Constitution Center | Undated
An essay tracing the historical growth of presidential power and examining the constitutional roles of Congress, executive officials, political parties, and the courts.
The Separation of Powers
| National Constitution Center Scholars | National Constitution Center | Undated
A constitutional overview of how legislative, executive, and judicial powers are divided while each branch retains mechanisms for checking the authority of the others.
Interpretation of Article II, Section 3
| National Constitution Center Scholars | National Constitution Center | Undated
A clause-by-clause analysis of the president’s responsibility to faithfully execute federal law, receive ambassadors, convene Congress, and exercise other powers assigned by Article II.
Youngstown Sheet & Tube Co. v. Sawyer
| United States Supreme Court | National Constitution Center | June 2, 1952
The Supreme Court rejected President Truman’s seizure of the steel industry and established an enduring framework for evaluating presidential authority in relation to congressional action.
