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Full-Text Articles in Law
Standing Outside Article Iii, Tara Leigh Grove
Standing Outside Article Iii, Tara Leigh Grove
Faculty Publications
The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists and scholars have assumed that the standing of the executive branch and the legislature, like that of other parties, depends solely on Article III. But I argue that these commentators have overlooked a basic constitutional principle: federal institutions must have affirmative authority for their actions, including the power to bring suit or appeal in federal court. Article III defines the federal “judicial Power” and does not purport to confer any authority on the executive branch or the legislature. Executive and …
Abdication By Another Name: An Ode To Lou Fisher, Neal Devins
Abdication By Another Name: An Ode To Lou Fisher, Neal Devins
Faculty Publications
No abstract provided.
Invoking Executive Privilege: Navigating Ticklish Political Waters, Louis Fisher
Invoking Executive Privilege: Navigating Ticklish Political Waters, Louis Fisher
William & Mary Bill of Rights Journal
In this Article, Louis Fisher acknowledges the constitutional legitimacy of executive privilege, but he argues that legal and political limits render the scope of the privilege narrower than what is commonly believed In support of his argument, he points to early precedents set during the Washington Administration and to congressional leverage over the executive branch. Though he recognizes the executive branch's interest in ensuring that information is disclosed through authorized channels and its concern about disclosures of information that may embarrass the administration or one of its agency's, he asserts that there is no legal or constitutionaI justification for concealing …
The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt
The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
Faculty Publications
This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.
The War Powers Resolution Revisited: Historic Accomplishment Or Surrender?, William B. Spong Jr.
The War Powers Resolution Revisited: Historic Accomplishment Or Surrender?, William B. Spong Jr.
William & Mary Law Review
No abstract provided.