Center for Constitutional Governance
Legal scholars are familiar with the problem of executive overreach, especially in emergencies. But sometimes, instead of being too audacious or extreme, a national executive's attempts to address a true threat prove far too limited and insubstantial. In this Essay, we seek to define and clarify the phenomenon of executive underreach, with special reference to the COVID-19 crisis; to outline ways in which such underreach may compromise constitutional governance and the international legal order; and to suggest a partial remedy.
David E. Pozen & Kim L. Scheppele,
Executive Underreach, in Pandemics and Otherwise,
American Journal of International Law, Vol. 114, p. 608, 2020
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2735