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Full-Text Articles in Law

Andrew Jackson And Presidential Power, John C. Yoo Jun 2008

Andrew Jackson And Presidential Power, John C. Yoo

John C Yoo

This paper examines Andrew Jackson's role in establishing the foundations of the Presidency. He is generally considered by historians to have been one of the nation’s most vigorous and powerful chief executives. He advanced a new vision of the President as the direct representative of the people. Jackson put theory into practice with the vigorous exercise of his executive powers—interpreting the Constitution and enforcing the law independently, wielding the veto power for policy as well as constitutional reasons, and re-establishing control over the executive branch. In the first of two great political conflicts of his time, the Bank War, Jackson …


Peace Through Law? The Failure Of A Nobel Experiment, John C. Yoo, Robert Delahunty Jun 2008

Peace Through Law? The Failure Of A Nobel Experiment, John C. Yoo, Robert Delahunty

John C Yoo

Collective-security ideas that emerged from the First World War nobly sought to end the carnage depicted in Erich Maria Remarque's All Quiet on the Western Front. The collective-security movement sought to create a system that protected the status quo by making existing national borders sacrosanct. Any violation of those borders would be treated like a criminal attack under a domestic legal system. But those who devised these rules could not have anticipated the very different threats confronting the international system today. Large, multistate conflicts have receded in the wake of the stability provided by the Cold War superpowers and now …


Jefferson And Executive Power, John C. Yoo May 2008

Jefferson And Executive Power, John C. Yoo

John C Yoo

This paper argues that Thomas Jefferson was not the opponent of presidential power commonly assumed today. Jefferson is often thought to be a sharp critic of executive authority because he favored a national government of limited powers and because of his opposition to the Washington and Adams administrations. But as President, Jefferson expanded executive authority by resisting the courts, buying Louisiana, conducting foreign affairs, and managing legislation through Congress. Jefferson's actions as President did not contradict his positions in the opposition, as claimed most famously by Henry Adams, but were instead consistent with his earlier views on executive power. In …