On November 12, 2020, The Federalist Society hosted a virtual panel for the 2020 National Lawyers Convention. The topic of the panel was "The Presidency and the Rule of Law."
The U.S. Constitution states that the president “shall take care that the laws be faithfully executed.” It also requires the President, before taking office, to swear (or affirm) that he or she will “faithfully execute the office of President of the United States.” Many believe that the Constitution, in creating a Presidency with sufficient energy to lead the country, contemplates that the President will have considerable discretion in how to go about this. At the same time, over the years, norms have developed to reinforce the idea that in the United States, executive power is to be exercised pursuant to law, and not as a tool to punish political enemies or to protect friends.
How does the rule of law both constrain and protect the Presidency? What role do norms play? Have the norms surrounding the President’s exercise of executive power eroded, and if so, why? What role have Congress, the media, social media, and other factors played? The panel will discuss these and other matters including possible reforms.
Featuring:

Mr. W. Neil Eggleston, Partner, Kirkland & Ellis, LLP, Former White House Counsel
Hon. Jack L. Goldsmith, Professor of Law, Harvard University; Former Assistant Attorney General, United States Department of Justice
Amb. C. Boyden Gray, Founding Partner, Boyden Gray & Associates; Former White House Counsel; Former Ambassador to the European Union
Hon. Theodore B. Olson, Partner, Gibson Dunn; Former United States Solicitor General
Moderator: Hon. Edith H. Jones, Chief Judge, United States Court of Appeals, Fifth Circuit

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.