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Ensuring the President “shall take Care that the Laws be faithfully executed”

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All Posts by Zachary Price

The Real Problem with Seila

8/24/20 // In-Depth Analysis

Seila Law LLC v. Consumer Financial Protection Bureau that tenure protection for the Director of the Consumer Financial Protection Bureau is unconstitutional. The decision’s reasoning may be more important—and worrisome—than the holding itself.

U.C. Hastings College of the Law

Taking Pandemic and Military Powers Away from the President

3/9/20 // Commentary

The current coronavirus epidemic shows why it's often a good idea to vest specific executive authority in officers other than the President.

U.C. Hastings College of the Law

The DACA Trap

11/6/19 // Commentary

The Supreme Court will hear arguments next week in a case about whether the Trump Administration can revoke DACA. But progressives ought to be wary of the long-term effects of prevailing. A win here could very well make it very hard to undo the lax enforcement policies of the current Administration.

U.C. Hastings College of the Law

Impeachment and Congress's Power of the Purse

10/29/19 // Commentary

The President does not have constitutional authority to withhold foreign aid that Congress has mandated by statute.

U.C. Hastings College of the Law

Overriding Trump on Troop Withdrawals

10/10/19 // Commentary

Under Article I of the Constitution, Congress can require the President to keep troops in particular locations

U.C. Hastings College of the Law

Special Prosecutors and the Structure of Office-Holding

1/18/19 // In-Depth Analysis

Trump can't control Mueller directly. He must instead act through the Attorney General. That's a very important restriction.

U.C. Hastings College of the Law

The Constitutional Law of Shutdowns

1/8/19 // Quick Reactions

A quick explainer: how does Congress's power of the purse interact with the Executive's constitutional authority?

U.C. Hastings College of the Law

Thoughts on Roberts and Trump

11/26/18 // Quick Reactions

We have at once a highly political appointment process and a strong judicial ethos of being above politics.

U.C. Hastings College of the Law

Finding a Floor for Inter-branch Conflict

11/2/18 // In-Depth Analysis

Intensifying political conflicts are steadily shredding the buffers around our constitutional architecture. How should courts respond?

U.C. Hastings College of the Law

Symmetric Constitutionalism for a Polarized Era

10/30/18 // Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

U.C. Hastings College of the Law

Polarization, Deregulation, and Situational Legalism

1/16/18 // Commentary

Highlights from a recent conference on deregulation in the Trump era

U.C. Hastings College of the Law

Why Enjoining DACA’s Cancellation Is Wrong

1/12/18 // Commentary

This decision, however attractive as a matter of policy, strikes me as mistaken under the law. It warrants swift reversal by higher courts.

U.C. Hastings College of the Law

Against Cutting the President’s Purse Strings

1/7/18 // In-Depth Analysis

No, Congress doesn't have a duty to provide the resources necessary for the executive branch to adequately fulfill its constitutional functions.

U.C. Hastings College of the Law

Our Imperiled Absolutist First Amendment

10/3/17 // Commentary

Recent developments could imperil constitutional protections for expressive freedom.

U.C. Hastings College of the Law

DACA’s Cancellation: What Happens Next?

9/7/17 // Uncategorized

The President is phasing out DACA. Or maybe not. Anyway, here's a guide to what happens next.

U.C. Hastings College of the Law