Law Commons^™

The Problem Of Presidential Inability—Will Congress Ever Solve It?, John D. Feerick

Fordham Law Review

One of the most critical and intriguing constitutional questions ever presented for solution is: What happens when the President of the United States becomes incapable of discharging the powers and duties of his office? Does the Vice-President "become President" for the remainder of the term or does he merely "act as President" during the period of the inability? The Constitution is not explicit..

Fair Trade: The President’S Power To Recover Captured U.S. Servicemembers And The Recent Prisoner Exchange With The Taliban, Celidon Pitt

Fordham Law Review

The Obama Administration’s controversial exchange of five Taliban detainees for a captured U.S. soldier in May 2014 reignited a heated debate over the proper scope of wartime executive authority. From a legal perspective, the primary issue centers on the constitutional balance of power between congressional appropriations and the President’s power as Commander in Chief. A complete analysis incorporates both judicial and historical precedent to evaluate the conflict within the broader context of prisoner recovery efforts.

This Note argues that, regardless of the validity of legislative restrictions on the transfer of Guantánamo detainees, the President possessed sufficient authority to conduct the …