Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins
Faculty Publications
No abstract provided.
Standing Outside Article Iii, Tara Leigh Grove
Standing Outside Article Iii, Tara Leigh Grove
Faculty Publications
The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists and scholars have assumed that the standing of the executive branch and the legislature, like that of other parties, depends solely on Article III. But I argue that these commentators have overlooked a basic constitutional principle: federal institutions must have affirmative authority for their actions, including the power to bring suit or appeal in federal court. Article III defines the federal “judicial Power” and does not purport to confer any authority on the executive branch or the legislature. Executive and …
Presidential Unilateralism And Political Polarization: Why Today's Congress Lacks The Will And The Way To Stop Presidential Initiatives, Neal Devins
Faculty Publications
No abstract provided.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
Faculty Publications
This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.