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Articles 1 - 8 of 8
Full-Text Articles in Law
The Twenty-Fifth Amendment: Incapacity And Ability To Discharge The Powers And Duties Of Office?, Lawrence J. Trautman
The Twenty-Fifth Amendment: Incapacity And Ability To Discharge The Powers And Duties Of Office?, Lawrence J. Trautman
Cleveland State Law Review
History provides many instances of U.S. presidential or vice presidential incapacity. It was the death of President John F. Kennedy that prompted the 25th Amendment to the Constitution to gain ratification in 1967, in part to establish a method to fill the vice presidency if it became vacant. On Saturday morning September 22, 2018, readers of The New York Times awoke to read a page-one story about how the Deputy Attorney General Rod J. Rosenstein had previously advocated the secret White House recording of President Trump “to expose the chaos consuming the administration, and he discussed recruiting cabinet members to …
Moral Justification, Administrative Power And Emergencies, Re'em Segev
Moral Justification, Administrative Power And Emergencies, Re'em Segev
Cleveland State Law Review
Although harming people is generally wrong, it is exceptionally justified as the lesser evil when it is done to prevent sufficiently more serious harm. The two aspects of this moral truth should be reflected in the law. This is not always an easy task and is especially difficult with respect to the powers of the executive branch of government concerning emergencies. In such situations, there may be strong reasons to confer wide powers to the executive branch to perform harmful actions as the lesser evil. However, strong reasons exist to curb and check such powers. However, this problem is especially …
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Cleveland State Law Review
What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Political Oversight, The Rule Of Law, And Iran-Contra, Lawrence E. Walsh
Cleveland State Law Review
What I would like to talk about today, and I will use Iran-Contra as an illustration for much of it, is what I believe to be the conflict between two protective systems: (1) the rule of law as it is enforced by courts and lawyers; and (2) political oversight as set up by our Constitution and as it is carried out by political forces in Congress, particularly in it's oversight of the President. It is my conclusion that in some ways they are like having two alarm systems on your house: A silent system that communicates with police headquarters if …
The Foreign Affairs Power: The Dames & (And) Moore Case, David F. Forte
The Foreign Affairs Power: The Dames & (And) Moore Case, David F. Forte
Cleveland State Law Review
In 1981, the Supreme Court decided Dames & Moore v. Regan. According to the modest view of the majority opinion, the Dames & Moore case is not even a brick, with or without straw. As Justice Rehnquist stated for the Court: "We attempt to lay down no general 'guide-lines'...and attempt to confine the opinion only to the very questions necessary to the decision of the case." A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved …
Book Review: Executive Privilege: A Constitutional Myth, Bernard Robert Adams
Book Review: Executive Privilege: A Constitutional Myth, Bernard Robert Adams
Cleveland State Law Review
Review of Executive Privilege: A Constitutional Myth, Raoul Berger, Cambridge, Harvard University Press, 1974.
Judicial Control Over Passport Policy, Leon Hurwitz
Judicial Control Over Passport Policy, Leon Hurwitz
Cleveland State Law Review
This paper is concerned with the judiciary's role in influencing both the procedure and substance of one particular aspect of foreign policy, namely, the passport policy of the State Department. That a decision regarding passports is a foreign policy decision has long been advanced by the President and Secretary of State. It is generally accepted that the issuance and regulation of passports is an integral part of the general conduct of American foreign relation
The President's Use Of Troops To Enforce Federal Law, George H. Faust
The President's Use Of Troops To Enforce Federal Law, George H. Faust
Cleveland State Law Review
The political genius of man has failed to solve one ancient and basic problem of politics. Briefly stated, it is as follows: What shall be the proper division of authority among governments? How much authority shall be given to a central government and how much shall be left to local or state governments?