Law Commons^™

Not A King: President Trump And The Case For Presidential Subpoena Reform, Robert J. Denault

Duke Journal of Constitutional Law & Public Policy Sidebar

In Trump v. Vance and Trump v. Mazars, the Supreme Court heard two expansive claims of presidential immunity from grand jury and Congressional subpoenas for the personal papers of the president. In both cases, the Court rejected the President’s claims. Despite winning both cases, the grand jury and Congress did not receive evidence relevant to potential misconduct by the President until after he left office—a remarkable feat for a President who did not win a single case or appeal in his effort to block either subpoena.

This Note argues for significant reforms in response to President Trump’s unprecedented success …

Litigating War: The Justiciability Of Executive War Power, Chris Smith

Duke Journal of Constitutional Law & Public Policy Sidebar

Courts frequently dismiss claims against the Executive’s use of the war power as being non-justiciable political questions. This lack of a judicial check has created a situation in which meaningful checks and balances on the war power are found only in the Executive Branch itself. But the Constitution places the bulk of war powers in the hands of Congress. Executive usurpation of Congress’s constitutional prerogative to initiate hostilities has significantly weakened the separation of powers. In the aftermath of the Vietnam War, Congress sought to reassert its constitutional authority over war-making decisions by passing the War Powers Resolution. The Resolution …