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Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent Feb 2018

Executive Power And National Security Power, Julian Davis Mortenson, Andrew Kent

Book Chapters

The constitutional text governing national security law is full of gaps, oversights, and omissions. In combination with the authorization principle -- which requires all federal actors to identify particularized authority for their actions -- these gaps have often presented an acute dilemma for Presidents charged with defending the nation. Focusing on three periods in American history, this chapter sketches the historical evolution of how the political branches have responded.

First, the early republic. During this period, presidents responded to the authorization dilemma by seeking highly particularized authorization from the two other constitutional branches of government. Throughout the era, presidents’ claims …

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Death Penalty Jurisprudence By Tallying State Legislative Enactments: Harmonizing The Eighth And Tenth Amendments, Akram Faizer, Charles E. Maclean Dec 2014

Death Penalty Jurisprudence By Tallying State Legislative Enactments: Harmonizing The Eighth And Tenth Amendments, Akram Faizer, Charles E. Maclean

Akram Faizer

Whenever most legislatures in death penalty states have rejected a particular application of capital punishment, the Supreme Court has held that no state may retain that application, reasoning that any death penalty approach rejected by the majority of states is, perforce, unconstitutionally “cruel and unusual” under the Eighth Amendment. Although some laud these decisions, they ignore the States’ Tenth Amendment rights to govern themselves within broad constitutional parameters. Rather than defer to opinion polls or tallying state legislative enactments, the Court should engage in true constitutional analysis, forbidding cruel and unusual punishments, but simultaneously honoring states’ rights to govern themselves.

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Foreword: Left Out In The Cold - Welcome Remarks, Nadine Strossen Jun 2008

Foreword: Left Out In The Cold - Welcome Remarks, Nadine Strossen

American University Law Review

No abstract provided.

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Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell Mar 1999

Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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