Executive Power

Executive Power

Creating the Executive branch was a difficult task for the Founders. They knew they didn’t want a king but what powers did a President and his staff rightfully need to execute and uphold the law? Episodes in this unit cover topics related to specific Presidential responsibilities and powers, as well as questions about who qualifies as an “Officer of the United States,” and the balance of power between the Executive and Legislative branches.

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16 of 16: What is the Defense Production Act? [No. 86]

When President Trump issued an executive order on March 18, 2020, invoking the Defense Production Act to prioritize the manufacturing of medical equipment such as ventilators, questions surfaced regarding the limitations of the president’s authorit ... When President Trump issued an executive order on March 18, 2020, invoking the Defense Production Act to prioritize the manufacturing of medical equipment such as ventilators, questions surfaced regarding the limitations of the president’s authority under this law to do so.

Can the president use a Korean War-era law to force private companies to manufacture particular goods? Prof. Michael Abramowicz of The George Washington University Law School discusses the artificial price controls and other powers granted to the president by the Defense Production Act.

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As always, the Federalist Society takes no position on particular legal or public policy issues. All opinions expressed are those of the speaker.

Learn more about Michael Abramowicz:
https://www.law.gwu.edu/michael-b-abramowicz

Follow Michael Abramowicz on Twitter @mbabramo
https://www.law.gwu.edu/michael-b-abramowicz

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Related Links & Differing Views:

Congressional Research Service: “The Defense Production Act of 1950: History, Authorities, and Considerations for Congress”
https://www.law.gwu.edu/michael-b-abramowicz

Notre Dame Law Review “Defense Production Act Extended and Amended”
https://www.law.gwu.edu/michael-b-abramowicz

The University of Chicago Law Review: “Maintaining Economic Freedom under the Defense Act of 1950”
https://www.law.gwu.edu/michael-b-abramowicz

The National Law Review: Pricing Controls under the Defense Production Act”
https://www.law.gwu.edu/michael-b-abramowicz

Reason: “The Defense Production Act and Central Pandemic Planning”
https://www.law.gwu.edu/michael-b-abramowicz

The Hill: “Sending in the cavalry: How the Defense Production Act can assist during the COVID-19 crisis”
https://www.law.gwu.edu/michael-b-abramowicz

The Washington Post: “What to know about the Defense Production Act”
https://www.law.gwu.edu/michael-b-abramowicz

The New York Times: “Wartime Production Law Has Been Used Routinely, but Not With Coronavirus
https://www.law.gwu.edu/michael-b-abramowicz