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Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young
Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young
Faculty Scholarship
This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.
Ordinary Powers In Extraordinary Times: Common Sense In Times Of Crisis Symposium: Extraordinary Powers In Ordinary Times, Gary S. Lawson
Ordinary Powers In Extraordinary Times: Common Sense In Times Of Crisis Symposium: Extraordinary Powers In Ordinary Times, Gary S. Lawson
Faculty Scholarship
The U.S. Constitution was written, debated, ratified, and implemented in the shadow of crisis. The country was birthed in war. In the aftermath of ratification, opponents of the Constitution could have precipitated a civil war that would have jeopardized the survival of the fledgling national government. I Throughout the founding era, any number of European powers were perceived to pose a serious threat of invasion. 2 Well into the 1800s, especially in certain northeastern states, substantial homegrown support for realignment with England persisted; the possibility of an internal rebellion in those areas was quite real.3 Individuals interested more in power …