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Full-Text Articles in Law
The Uncertain Effects Of Senate Confirmation Delays In The Agencies, Nina A. Mendelson
The Uncertain Effects Of Senate Confirmation Delays In The Agencies, Nina A. Mendelson
Articles
As Professor Anne O’Connell has effectively documented, the delay in Senate confirmations has resulted in many vacant offices in the most senior levels of agencies, with potentially harmful consequences to agency implementation of statutory programs. This symposium contribution considers some of those consequences, as well as whether confirmation delays could conceivably have benefits for agencies. I note that confirmation delays are focused in the middle layer of political appointments—at the assistant secretary level, rather than at the cabinet head—so that formal functions and political oversight are unlikely to be halted altogether. Further, regulatory policy making and even agenda setting can …
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico, and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.