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Articles 1 - 13 of 13
Full-Text Articles in President/Executive Department
Legislative Diplomacy, Ryan M. Scoville
Legislative Diplomacy, Ryan M. Scoville
Michigan Law Review
A traditional view in legal scholarship holds that the U.S. Constitution assigns the president exclusive power to carry on official diplomatic communications with foreign governments. But in fact, Congress and its members routinely engage in communications of their own. Congress, for example, receives heads of state and maintains official contacts with foreign parliaments. And individual members of the House and Senate frequently travel overseas on congressional delegations (“CODELs”) to confer with foreign leaders, investigate problems that arise, promote the interests of the United States and constituents, and even represent the president. Moreover, many of these activities have occurred ever since …
Executive Power In Youngstown's Shadows, Patricia L. Bellia
Executive Power In Youngstown's Shadows, Patricia L. Bellia
Patricia L. Bellia
Fifty years after it was handed down, the Supreme Court's decision in Youngstown Sheet & Tube Co. v. Sawyer is among the most important of the Court's separation of powers cases. This Article explores two quite different legacies of the Youngstown case. First, Youngstown has a symbolic or rhetorical power, in that it stands as an example of a court invalidating the actions of a coordinate branch of government in a politically delicate context. When a court wields this weapon, it can take some cover in Youngstown's shadows, and the possibility of a court exercising this power disciplines the executive …
A Time For Presidential Power? War Time And The Constrained Executive, David Levine
A Time For Presidential Power? War Time And The Constrained Executive, David Levine
Michigan Law Review
Between 2002 and 2008 I served as an intelligence officer in the U.S. Air Force. Though I had been deployed overseas several times, my primary place of duty was in the United States. When I landed at Baghdad International Airport in June 2006, however, several things immediately changed for me as a result of military regulations. I had to carry my sidearm and dog tags at all times. I could not eat anywhere other than a U.S. military installation. I could not drink alcohol. My pay was a bit higher. Personally, I was more vigilant, more aware of my surroundings. …
Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane
Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane
Schmooze 'tickets'
No abstract provided.
Long Wars And The Constitution, Stephen M. Griffin
Long Wars And The Constitution, Stephen M. Griffin
Schmooze 'tickets'
No abstract provided.
The Law: Bush, Cheney, And The Separation Of Powers: A Lasting Legal Legacy?, Gordon Silverstein
The Law: Bush, Cheney, And The Separation Of Powers: A Lasting Legal Legacy?, Gordon Silverstein
Schmooze 'tickets'
No abstract provided.
The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov
The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov
Schmooze 'tickets'
No abstract provided.
Passive-Aggressive Executive Power, Corinna Barrett Lain
Passive-Aggressive Executive Power, Corinna Barrett Lain
Schmooze 'tickets'
No abstract provided.
The Imbecilic Executive, Saikrishna Prakash
The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federation Of Independent Business V. Sebelius, Ronald Kahn
Maryland Law Review
No abstract provided.
Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler
Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler
Maryland Law Review
No abstract provided.
The Court’S Decisive Hand Shapes The Executive’S Foreign Affairs Policymaking Power, Kimberley L. Fletcher
The Court’S Decisive Hand Shapes The Executive’S Foreign Affairs Policymaking Power, Kimberley L. Fletcher
Maryland Law Review
No abstract provided.
Presidential Power, Historical Practice, And Legal Constraint, Curtis A. Bradley, Trevor W. Morrison
Presidential Power, Historical Practice, And Legal Constraint, Curtis A. Bradley, Trevor W. Morrison
Faculty Scholarship
The scope of the President’s legal authority is determined in part by historical practice. This Essay aims to better understand how such practice-based law might operate as a constraint on the presidency. Some scholars have suggested that presidential authority has become “unbounded” by law, and is now governed only or primarily by politics. At the same time, there has been growing skepticism about the ability of the familiar political checks on presidential power to work in any systematic or reliable fashion. Skepticism about law’s potential to constrain in this context is heightened by the customary nature of much of what …