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Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Checks And Balances In Wartime: American British And Israeli Experiences, Stephen J. Schulhofer
Michigan Law Review
Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent? Posed in varying configurations, the question has already generated extensive litigation since September 11, 2001, and a dozen major appellate rulings. Last Term's Supreme Court trilogy - Rasul v. Bush, Hamdi v. Rumsfeld and Rumsfeld v. Padilla - clarified several important points …
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Michigan Law Review
A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure …
Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey
Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey
Michigan Law Review
The primary source of executive emergency power is the state constitution, although statutes often codify the constitutional executive emergency authority and occasionally delegate additional legislative police powers to the governor. Most governors are authorized to respond to public emergencies with a variety of extraordinary emergency measures. This study of state constitutional and statutory emergency power provisions has been undertaken in an attempt to evaluate the sources and scope of governors' emergency powers, as well as the limitations upon those powers. Its primary focus will be upon the extreme breadth of executive emergency authority and, in particular, upon the power to …
The Steel Seizure Case: Congress, The President And The Supreme Court, Paul G. Kauper
The Steel Seizure Case: Congress, The President And The Supreme Court, Paul G. Kauper
Michigan Law Review
Questions relating to the legislative authority of Congress and of the several states have given rise to an immense mass of constitutional litigation ever since the time that the Supreme Court in Marbury v. Madison asserted its power of judicial review. Many of these cases have turned on the division of legislative authority between Congress and the state legislatures under our federal system. Yet within this same span of time relatively few cases have arisen to challenge the assertions of presidential power, and in only a few instances has the Court found occasion to speak at length on the questions …