Driesen on Trump's Executive Orders

David M. Driesen (Syracuse University College of Law) has posted President Trump's Executive Orders and the Rule of Law on SSRN.  Here is the abstract: This article asks whether President Trump's executive orders constitute an extraordinary assault on the rule of law or a manifestation of the common practice of a president shaping discretion's exercise to fit his policy preferences within a rule of law framework. It gets at that question by examining President Trump's executive orders issued during the first 30 days of his presidency collectively and identifying the constitutional norms they confront, including the constitutional norms of legislative supremacy and obedience to treaties. It also reviews some of the court decisions adjudicating the validity of many of these orders and identifies the issues raised in the orders. Previous work on Trump's executive orders has tended to focus on doctrinal analysis of single orders and therefore…

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