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Synecdoche And The Presidency: The Removal Power As Symbol, Jonathan L. Entin
Synecdoche And The Presidency: The Removal Power As Symbol, Jonathan L. Entin
Faculty Publications
In this brief comment I want to explore the reasons for this phenomenon. I will illustrate my point by reference to the seminal case of Myers v. United States, which is not discussed in the symposium contribution by Calabresi and Yoo not surprising, because that case was decided well after the period upon which they focus here. After that, I will suggest some reasons why the removal power, despite its limited substantive importance, retains its grip on the academic and political imagination.
Dog That Rarely Barks: Why The Courts Won't Resolve The War Powers Debate, Jonathan L. Entin
Dog That Rarely Barks: Why The Courts Won't Resolve The War Powers Debate, Jonathan L. Entin
Faculty Publications
There is a certain irony about the stimulating papers by Louis Fisher and Peter Shane: the political scientist, Fisher, makes a normative constitutional argument of the sort typically made by legal scholars; the legal scholar, Shane, makes an institutional and policy analysis of the sort typically made by political scientists. Nevertheless, these papers share a common theme: that the President does not and should not have unfettered or unilateral power in the war-making area. Both also focus on war powers rather than other aspects of foreign affairs such as treaties and executive agreements, but their approaches have implications for those …