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Full-Text Articles in Law
Bills Of Attainder, Matthew J. Steilen
Bills Of Attainder, Matthew J. Steilen
Journal Articles
What are bills of attainder? The traditional view is that bills of attainder are legislation that punishes an individual without judicial process. The Bill of Attainder Clause in Article I, Section 9 prohibits the Congress from passing such bills. But what about the President? The traditional view would seem to rule out application of the Clause to the President (acting without Congress) and to executive agencies, since neither passes bills.
This Article aims to bring historical evidence to bear on the question of the scope of the Bill of Attainder Clause. The argument of the Article is that bills of …
Presidential Signing Statements: A New Perspective, Christopher S. Yoo
Presidential Signing Statements: A New Perspective, Christopher S. Yoo
All Faculty Scholarship
This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I will analyze signing statements raising constitutional objections and those offering interpretive guidance for ambiguous provisions separately. With respect to constitutional interpretation of statutes by the executive branch, Presidents have long asserted the authority and obligation to consider constitutionality when executing statutes. The widespread acceptance of the President’s power to construe statutes to avoid constitutional problems and to refuse to defend the constitutionality of or to enforce statutes in appropriate cases confirms the propriety of this conclusion. If these fairly uncontroversial …
Practice And Precedent In Historical Gloss Games, Joseph Blocher, Margaret H. Lemos
Practice And Precedent In Historical Gloss Games, Joseph Blocher, Margaret H. Lemos
Faculty Scholarship
No abstract provided.
The President's Faithful Execution Duty, Harold H. Bruff
The President's Faithful Execution Duty, Harold H. Bruff
Publications
No abstract provided.
How Presidents Interpret The Constitution, Harold H. Bruff
How Presidents Interpret The Constitution, Harold H. Bruff
Publications
No abstract provided.