“The Future of Executive Power”: An Overview

This symposium overview examines the rapid expansion of presidential power in the modern era, culminating in what the author and contributors describe as an unprecedented assertion of Article II authority during President Trump’s second term. It argues that the Constitution’s original separation-of-powers framework—designed to prioritize legislative authority and constrain the executive—has been inverted due to the growth of presidential control over foreign affairs, the administrative state, and policymaking. The article traces this shift through historical developments such as the New Deal, the rise of independent agencies, and the emergence of the “unitary executive” theory, while also analyzing recent Supreme Court doctrines, including the major questions doctrine and the rejection of Chevron deference, that both constrain and empower the executive. Across keynote remarks and panel contributions, the symposium highlights the weakening of congressional and judicial checks, the increasing politicization of institutional oversight, and the role of federalism and administrative law in mediating executive authority.

Ultimately, the piece contends that formal constitutional mechanisms alone are insufficient to curb executive overreach, emphasizing instead the critical role of courts, Congress, and especially the public in enforcing constitutional limits.