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Articles 1 - 5 of 5
Full-Text Articles in Law
Presidential Constitutional Interpretation, Signing Statements, Executive Power And Zivotofsky, Henry L. Chambers, Jr.
Presidential Constitutional Interpretation, Signing Statements, Executive Power And Zivotofsky, Henry L. Chambers, Jr.
Law Faculty Publications
This Article explores whether the President should interpret the Constitution aggressively and, if so, whether the President should act on such aggressive interpretations. Part I examines whether the presidential oath and other constitutional duties obligate the President to interpret the Constitution. Part II considers constitutional signing statements as the manifestation of an aggressive approach to presidential constitutional interpretation. Part III considers whether the Constitution is a legal document or a political document, and how that determination might affect how aggressive the President should be when interpreting the Constitution. Part IV considers how the Supreme Court's and Congress's constitutional interpretations might …
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
The President As Spiritual Leader: Pardons, Punishment, Forgiveness, Mercy, And Justice, Henry L. Chambers Jr.
The President As Spiritual Leader: Pardons, Punishment, Forgiveness, Mercy, And Justice, Henry L. Chambers Jr.
Law Faculty Publications
The Constitution of the United States empowers the president of the United States to curtail or eliminate punishment for actual or possible federal criminal wrongdoing by issuing pardons. As the quotes that begin this chapter suggest, the nature of a presidential pardon is subject to dispute. A pardon can be thought to be an act of grace or an extension of the president's executive power to administer the criminal justice system, or something in between. This chapter does not resolve the issue, but considers the nature of the pardon power while considering whether or how the president can or should …
Transforming The “Thurmond Rule” In 2016, Carl W. Tobias
Transforming The “Thurmond Rule” In 2016, Carl W. Tobias
Law Faculty Publications
This piece first analyzes the Rule’s history. Part II explains the convention and its deleterious consequences. Finding that each party reinterprets the notion to stymie appointments—which perverts the selection process, deprives courts of judicial resources for delivering justice, and intensifies the “confirmation wars”—the final Part proffers solutions. Because the Rule has multiple detrimental effects, it warrants abolition.
Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan
Binding The Enforcers: The Administrative Law Struggle Behind President Obama's Immigration Actions, Michael Kagan
University of Richmond Law Review
No abstract provided.