Introduction to Constraining the Executive
18 Pages Posted: 15 Nov 2018
Date Written: 2018
The essays in this symposium illuminate aspects of the task of keeping the executive branch within its constitutionally appointed boundaries. The symposium was conceived before the 2016 elections, so its plan was not directed toward the current president. Nevertheless, it is inescapable that, writing after those elections, the authors took recent developments into account. The lessons to be learned from these essays, however, have more permanent application than simply for the immediate present. In this introduction, I review the articles of the symposium hoping to highlight the valuable contribution to separation of powers jurisprudence that each offers for the long term.
This symposium focuses on means of constraining the executive. There is, of course, a vibrant recent literature on what constitutes the kind of executive overreach in need of being constrained. This symposium takes as given that there have been, and will be, instances of executive action or inaction needing restraint (without becoming embroiled in the specifics of any specific example), and turns its attention to what institutional remedies may be available.
Keywords: Separation of Powers; Judiciary; Constitutional Law; Executive Action; President
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