“The President’s (Highly > Debatable) Power Not to Execute the Laws.”

“The President's (Highly Debatable) Power Not to Execute the Laws.” He will bebe

discussing the surprisingly difficult question of the scope of the President's power, or privilege, or discretion, with respect to enforcement and non-enforcement of the laws. He will talk both about non-execution on constitutional grounds and non-execution as a matter of enforcement discretion. He will embrace Utility Air''s proposition that the President and administration cannot simply rewrite laws, but as to discretionary under-enforcement he is much more supportive of executive-power discretion as falling within the meaning of the Take Care clause. He will also (probably) come down against “standing” of the House of Representatives, as an institution, to sue the President to challenge the President's law-execution actions.

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