Presidential Power

The Executive Power to Not Enforce the Law - Event Audio/Video

17th Annual Faculty Conference
Lee Liberman Otis, Daniel B. Rodriguez, John C. Harrison, Gillian E. Metzger, Zachary Price, Nicholas Quinn Rosenkranz, Tara Grove January 09, 2015

This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

9:00 am-9:15 am

  • Hon. Lee Liberman Otis, Senior Vice President & Director, Faculty Division
  • Prof. Daniel B. Rodriguez, President, Association of American Law Schools & Dean, Northwestern Law School

Panel: The Executive Power to Not Enforce the Law
9:00-10:45 am

  • Prof. John Harrison, University of Virginia School of Law
  • Prof. Gillian Metzger, Columbia Law School
  • Prof. Zachary Price, University of California Hastings College of Law
  • Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
  • Moderator: Prof. Tara Grove, William & Mary Law School

Washington, DC
January 3, 2015

Immigration: The Limits of Executive Authority - Podcast

Federalism & Separation of Powers Practice Group Podcast
John S. Baker, Jr., John C. Eastman, Margaret D. Stock, John C. Yoo December 04, 2014

The President, with much attention from the media and the public, announced executive action on immigration. Our discussion will address the specifics of the President’s actions, and the legality of those actions. What exactly was said and done by the President, and how do his actions differ from acts he previously asserted were beyond his unilateral power? Has the President exceeded his constitutional authority to act? What happens next?

  • Prof. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center and Professor Emeritus, LSU Law School
  • Prof. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law
  • Margaret D. Stock, Counsel to the Firm, Cascadia Cross-Border Law
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law

The President's Duty to Take Care that the Law Be Faithfully Executed - Event Video

2014 National Lawyers Convention
John S. Baker, Jr., Ronald A. Cass, Neal E. Devins, Christopher Schroeder, Thomas B. Griffith, John C. Eastman November 17, 2014

Is President Obama failing in this basic obligation of the President?  Allegations of lawlessness have been made about his decisions not to enforce the immigration law, to suspend some requirements of the Affordable Care Act, and to flout Congress’s requirement of thirty-day notice before freeing prisoners from Guantanamo.  Are these fair charges or does the President enjoy inherent constitutional power or specific statutory authority to decline enforcement?  What should be Congress’s reaction to non-enforcement?  Does this pattern of non-enforcement imply anything more general about the President’s legal or political philosophy?

The Federalist Society's Federalism & Separation of Powers Practice Group presented this panel on "The President's Duty to Take Care that the Law Be Faithfully Executed" on Thursday, November 13, during the 2014 National Lawyers Convention.


  • Dr. John S. Baker, Jr. Visiting Professor of Law, Georgetown University Law Center; Professor Emeritus of Law, Dale E. Bennett Professor of Law, Louisiana State University Law School
  • Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC
  • Prof. Neal E. Devins, Goodrich Professor of Law, Cabell Research Professor, Professor of Government, Director, Institute of Bill of Rights Law; and Director, Election Law Program, The College of William & Mary
  • Prof. Christopher H. Schroeder, Charles S. Murphy Professor of Law and Public Policy Studies; Co-Director of the Program in Public Law, Duke Law School
  • Moderator: Hon. Thomas B. Griffith, U.S. Court of Appeals, D.C. Circuit
  • Introduction: Dr. John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007 – 2010); and Director, Center for Constitutional Jurisprudence, Dale E Fowler School of Law, Chapman University; and Chairman, Federalism & Separation of Powers Practice Group

Mayflower Hotel
Washington, DC

2014 National Lawyers Convention Opening with Justice Scalia - Event Video

2014 National Lawyers Convention
Antonin Scalia, Leonard A. Leo November 13, 2014

United States Supreme Court Justice Antonin Scalia opened the 2014 National Lawyers Convention on November 13 at the Mayflower Hotel in Washington, DC. Justice Scalia discussed the importance of Magna Carta.


  • Hon. Antonin Scalia, United States Supreme Court
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

Mayflower Hotel
Washington, DC