Reining in the Imperial Presidency

The Case for a Weak Executive

  • Julian Flesch Brandeis University
Keywords: Presidential powers, Separation of powers, Constitutional law

Abstract

Over the years, the Executive branch, in particular the presidency, has become extremely powerful. In fact, it has far more power than the Constitution allows. What can be done to limit executive power as the Constitution intended? The powers and functions of the presidency, mainly found in Article II of the Constitution, are actually very limited, but public perception and legal theories have given the institution immense power. In particular, former President Trump and his administration have dangerously increased the power of the executive branch. This piece discusses the theories and actions that have led us to this point, and proposes necessary changes to curb executive power in accordance with the Constitution and founding principles.

Author Biography

Julian Flesch, Brandeis University

Undergraduate at Brandeis University, Class of 2022

Brandeis University Law Journal Spring 2021 Cover
Published
2021-05-10
Section
Opinions