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2000

Columbia Law School

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Constitutional Law

Articles 1 - 3 of 3

Full-Text Articles in Law

The President And Choices Not To Enforce, Peter L. Strauss Jan 2000

The President And Choices Not To Enforce, Peter L. Strauss

Faculty Scholarship

This paper was one of a number given in a panel on executive authority in a Duke Law School conference, "The Constitution Under Clinton: A Critical Assessment." As its title suggests, the principal subject of the panel was the President's authority, if any, to decline to implement statutes he regards as unconstitutional. The lead paper on the panel focused specifically on questions of the scope of the President's authority to engage in constitutional interpretation, relating that analysis to the role of the courts and their institutional responsibilities for deciding constitutional issues. This paper seeks to place this set ...


The Political Parties And Campaign Finance Reform, Richard Briffault Jan 2000

The Political Parties And Campaign Finance Reform, Richard Briffault

Faculty Scholarship

The major political parties have blown large and widening holes in federal campaign finance law. The most significant party practices – independent expenditures, soft money fundraising, and issue advocacy – map on to the fault lines central to the constitutional law of campaign finance – so that limiting these party activities raises important constitutional question. Indeed, in Colorado Republican Federal Campaign Committee v FEC, a Supreme Court plurality determined that parties, like PACs, may engage in expenditures that are independent of their candidates and, thus, not subject to the limits on party contributions to candidates. So, too, several justices and some political scientists ...


The President And Choices Not To Enforce, Peter L. Strauss Jan 2000

The President And Choices Not To Enforce, Peter L. Strauss

Faculty Scholarship

This paper was one of a number given in a panel on executive authority in a Duke Law School conference, "The Constitution Under Clinton: A Critical Assessment." As its title suggests, the principal subject of the panel was the President's authority, if any, to decline to implement statutes he regards as unconstitutional. The lead paper on the panel focused specifically on questions of the scope of the President's authority to engage in constitutional interpretation, relating that analysis to the role of the courts and their institutional responsibilities for decision of constitutional issues. This paper seeks to place this ...