Kavanaugh will be asked to explain his view of just how much power a president has under the unitary executive theory of constitutional law. Kavanaugh has written judicial opinions and law review articles that suggest he supports the idea that a president may decline to enforce a law he believes is unconstitutional.

Questioners also may focus on Kavanaugh's service in the White House under George W. Bush, who used signing statements to legislation that his administration saw as unreasonable or unconstitutional limits on executive power.

Supreme Court Kavanaugh Profile

FILE - In this June 1, 2006 file photo, from left to right, President Bush, watches the swearing-in of Brett Kavanaugh as Judge for the U.S. Court of Appeals for the District of Columbia by U.S. Supreme Court Associate Justice Anthony M. Kennedy, far right, during a ceremony in the Rose Garden of the White House, in Washington. Holding the Bible is Kavanaugh's wife Ashley Kavanaugh. (AP Photo/Pablo Martinez Monsivais, File)

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