Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- American politics (1)
- Anti-corruption (1)
- Checks and balances (1)
- Civil-military relations (1)
- Commander in chief (1)
-
- Constitutional system (1)
- Declare war clause (1)
- Democratic culture (1)
- Ecology Law Quarterly (1)
- Electoral institution (1)
- Executive discretion (1)
- Extractivist nationalism (1)
- Indiana Law Journal (1)
- Lawfare (1)
- Michael Beschloss (1)
- Presidential impeachment (1)
- Presidential power (1)
- Public lands law (1)
- Sentencing and punishment (1)
- Trump proclamation (1)
- War powers (1)
- Yale Law Journal Forum (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Trump As A Constitutional Failure, Jamal Greene
Trump As A Constitutional Failure, Jamal Greene
Faculty Scholarship
The election of Donald Trump as president represented a failure of American politics. Trump is a serial liar, a sexual predator, deeply conflicted financially, hostile to bedrock democratic institutions such as free press, and ignorant of even the broad brushstrokes of important policy matters. The best evidence suggests that he is a white nationalist, a plutocrat, and a professional con artist, dangerously attracted to corrupt and incompetent sycophants, self-obsessed and aggressive to the point of psychopathy, and otherwise temperamentally unfit to be in charge of the world’s largest military and nuclear arsenal. There is some evidence that Trump or members …
Whose Lands? Which Public? The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah S. Purdy
Whose Lands? Which Public? The Shape Of Public-Lands Law And Trump's National Monument Proclamations, Jedediah S. Purdy
Faculty Scholarship
President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke existing monuments under the Antiquities Act, which creates the national monument system, is a new question of law for a 112-year-old statute that has been used by Presidents from Theodore Roosevelt to Barack Obama to protect roughly fifteen million acres of federal land and hundreds of millions of marine acres. …
Impeachment: A Handbook, Philip C. Bobbitt
Impeachment: A Handbook, Philip C. Bobbitt
Faculty Scholarship
Charles Black’s Impeachment: A Handbook, first published in 1974 at the height of the Watergate crisis, has become the authoritative guide on the subject of presidential impeachment. In September, the Yale University Press published a new edition of the classic handbook, incorporating a new preface and new material by constitutional theorist Philip Bobbitt. Bobbitt’s contribution to the new edition appears in the Essay that follows.
Because Professor Black’s original text had no accompanying notes, the publisher decided to continue this format in the new print edition. In this re-publication, the Journal worked with Bobbitt to present his chapters with …
Presidents And War Powers, Matthew C. Waxman
Presidents And War Powers, Matthew C. Waxman
Faculty Scholarship
The U.S. Constitution vests the president with “executive power” and provides that “The President shall be Commander in Chief of the Army and Navy,” while it endows Congress with the power “To declare War.” These provisions have given rise to two major questions about presidential war powers: first, what should be the president’s role in taking the country to war, and, second, what are the president’s powers to direct its conduct. Historian Michael Beschloss’s new book, “Presidents of War,” examines how presidents have responded to each of these questions across two hundred years of U.S. history.
The major argument of …