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Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower
Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower
William & Mary Bill of Rights Journal
Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all kinds …
Legislators On Executive-Branch Boards Are Unconstitutional, Period, Douglas Laycock
Legislators On Executive-Branch Boards Are Unconstitutional, Period, Douglas Laycock
William & Mary Bill of Rights Journal
Virginia statute makes legislators categorically “ineligible to serve on boards, commissions, and councils within the executive branch of state government who are responsible for administering programs established by the General Assembly.” But with increasing frequency, the General Assembly has enacted exceptions to this policy. There is a general exception for bodies “engaged solely in policy studies or commemorative activities,” and perhaps such bodies need not be in the executive branch at all. But the Assembly has also enacted exceptions for twenty-one specific boards and commissions, many of which clearly have executive authority. This list of exceptions is a miscellany with …