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21 Chap. L. Rev. 1 (2018)

handle is hein.journals/chlr21 and id is 1 raw text is: Introduction to Constraining the Executive Tom Campbell* The essays in this symposium illuminate aspects of the task of keeping the executive branch within its constitutionally appointed boundaries. The symposium was conceived before the 2016 elections, so its plan was not directed toward the current president. Nevertheless, it is inescapable that, writing after those elections, the authors took recent developments into account.1 The lessons to be learned from these essays, however, have more permanent application than simply for the immediate present. In this introduction, I review the articles of the symposium hoping to highlight the valuable contribution to separation of powers jurisprudence that each offers for the long term. This symposium focuses on means of constraining the executive. There is, of course, a vibrant recent literature on what constitutes the kind of executive overreach in need of being constrained.2 This symposium takes as given that there have been, and will be, instances of executive action or inaction needing restraint (without becoming embroiled in the specifics of any specific example), and turns its attention to what institutional remedies may be available. A. Constraining the Executive Through the Courts The courts are the logical place to seek relief when the executive's action needs to be constrained. However, standing requirements might preclude identifying any plaintiff qualified to bring a case under Article III's case or controversy requirement. * Professor of Law, Dale E. Fowler School of Law; Professor of Economics, George L. Argyros School of Business and Economics, Chapman University. I am grateful for expert research assistance by Ms. Sherry Levsen, J.D., M.L.S., M.A., of the Hugh and Hazel Darling Law Library, Chapman University. 1 In one instance, that of Levinson and Graber's article, their entire point of departure deals with the specifics of President Trump, though they propose a set of judicial responses that would apply to future presidents with characteristics similar to his. 2 See, e.g., Samuel Estreicher & Steven Menashi, Taking Steel Seizure Seriously: The Iran Nuclear Agreement and the Separation of Powers, 86 FORDHAM L. REV. 1199 (2017); contra Gillian E. Metzger, 1930s Redux: The Administrative State Under Siege, 131 HARV. L. REV. 1 (2017). 1

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