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Full-Text Articles in Law
The Clinton Administration And War Powers, Lori Fisler Damrosch
The Clinton Administration And War Powers, Lori Fisler Damrosch
Faculty Scholarship
The strongest of all governmental powers is the power to engage in war; and the strongest challenge for constitutionalism is to bring the war power of the state under meaningful control. The 1787 Constitution allocated some military powers to the Congress and others to the President as part of the scheme of constitutional checks and balances. To this day, however, the distribution of authority between the branches remains contested and uncertain.
The Clinton Administration has had substantial opportunity to contribute to the evolution of constitutional practice concerning war powers, by virtue of numerous occasions of combat deployments, cruise missile strikes, …
The President And Choices Not To Enforce, Peter L. Strauss
The President And Choices Not To Enforce, Peter L. Strauss
Faculty Scholarship
The executive branch is often called upon to assess how a particular statute it is charged to administer fits within the larger framework of the law. Professor Dawn Johnsen's thoughtful analysis addresses an important subset of these challenges: situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced. My purpose here is to explore the context of executive non-enforcement more broadly, in a way that may help in understanding the particular problem she addresses.
Issues of constitutional structure and function are among the most daunting …