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Presidential Power

Readings and resources concerning presidential power.


A ten-week class can only address a limited number of topics. This section of the guide adds a few topics not otherwise covered.

Appointment Power: CFPB Case

Chris Bruce, Democrats Seek to Intervene in PHH Case Testing CFPB Powers, Bloomberg Banking, Jan. 27, 2017

Corporate Governance & Compliance

Marcia Narine Weldon, What do we know about the future of corporate governance and compliance so far under Trump?, Business Law Prof Blog, Feb. 9, 2017

Dakota Access Pipeline

Deregulation (One-in, Two-out Order)

Emoluments Clause

Ethics - Former Lobbyists

Justin Elliott, Trump's Watered Down Ethics Rules Let a Lobbyist Help Run an Agency He Lobbied, ProPublica, Feb. 10, 2017 (focusing on a Dept. of Labor appointment).

Exec. Order No. 13,770, 82 Fed. Reg. 9333 (Jan. 28, 2017)

Foreign Trade

Adam Chandler, Could Trump Actually Impose an Import Tariff on Mexico?, The Atlantic (online) (Jan. 27, 2017) (discussing Trade Act of 1974).

Litigation Against Government

Joel Rose & Parker Yesko, After 2 Weeks In Office, Trump Faces More Than 50 Lawsuits, NPR, Feb. 2, 2017. Graphs break down suits by topic and compare number of suits against Trump administration with those against the last three administrations.

Military Action

Hundreds of works address the relation between President's authority as commander in chief and Congress's authority to declare war.

This review of two books provides an introduction to some of the issues: Gordon M. Goldstein, DRIFT The Unmooring of American Military Power By Rachel Maddow; WARTIME An Idea, Its history, Its Consequences By Mary L. Dudziak, Wash. Post, June 29, 2012.

Regulatory Freeze: Mercury Protection Rule

Jonathan Stempel, Environmental Group Sues EPA for Revoking Mercury Protection Rule, Scientific American Feb. 1, 2017 (Reuters story).

Natural Resources Defense Council v. U.S. EPA, No. 17-00751 (S.D.N.Y. filed Feb. 1, 2017):