Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson
Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson
University of Michigan Journal of Law Reform
Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed to …
Once More Unto The Breach: American War Power And A Second Legislative Attempt To Ensure Congressional Input, Jonathan T. Menitove
Once More Unto The Breach: American War Power And A Second Legislative Attempt To Ensure Congressional Input, Jonathan T. Menitove
University of Michigan Journal of Law Reform
Once again embroiled in an unpopular overseas armed conflict, the United States faces difficult questions concerning the constitutional use of military force. Records from the Constitutional Convention suggest the Framers intended to lodge America's power to go to war with the Congress. While American presidents' early use of military force displays deference to the legislature, more recent military actions illustrate the executive's dominance in making war. Notwithstanding a few early court decisions in Congress 's favor, the judiciary has been unhelpful in restoring the constitutional Framers' vision for the administration of the war power Congress, therefore, has been forced to …
Congressional Control Of Agency Privilege, Mark A. Luscombe
Congressional Control Of Agency Privilege, Mark A. Luscombe
University of Michigan Journal of Law Reform
This note seeks to provide an introductory and largely historical analysis of "agency privilege:" the refusal of federal executive officials to furnish information and documents to congressional bodies absent the invocation of a claim of privilege by the President. After a brief survey of the origins of agency privilege in part I, the history and nature of the competing interests of congressional investigations and autonomy of executive departments and agencies will be discussed in part II. Part III explores the constitutional basis of the claim and analyzes other justifications proffered in specific circumstances. Part IV weighs the merits of various …
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
University of Michigan Journal of Law Reform
It has been suggested that in order to avoid this potential crisis statutory authority to veto nongermane riders be granted to the President. One author has contended that no such statute is needed, that the President presently has such power under Article I, Section 7 of the Constitution. On the other hand, bills have been introduced in both houses of Congress which might have specifically denied that power to the President. This article examines whether there is any constitutional ground on which the President could take the unprecedented action of separately vetoing congressional riders.
Policing The Executive Privilege, Keith Borman
Policing The Executive Privilege, Keith Borman
University of Michigan Journal of Law Reform
In response to the increasing number of confrontations over the use of the executive privilege, Senator William Fulbright has placed before the Senate a bill designed to avoid the confusion that now exacerbates the tension between the legislative and executive branches of government. This relatively uncomplicated bill defines procedures for the assertion of the executive privilege and provides sanctions to be imposed when these procedures are abused or ignored. This note reviews the nature of the controversy between the two branches of government which has contributed to the introduction of the proposed legislation, and then proceeds to examine the provisions …