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Full-Text Articles in Law
The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright
The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright
West Virginia Law Review
Problematic relations between the White House and the U.S. Department of Justice stand out even amidst the broader tumult of President Donald Trump's first year in office. With respect to written policy restricting contacts between the White House staff and the Department, the Trump White House has followed the general contours of predecessor administrations. Those policies recognize that White House contacts restrictions vary with the Department’s complex functions, restrict channels of contact, and restrict personnel authorized to make contacts. They also grant limited exceptions where White House-Department contact is required to assist the President in the performance of a constitutional …
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
Co-Parenting War Powers: Congress's Authority To Escalate Conflicts, Russell A. Spivak
West Virginia Law Review
This article argues that Congress has the ability to force a President to escalate military intervention when he is otherwise unwilling to do so. The article begins by exploring the constitutional powers at Congress's disposal-the Declare War Clause, the Taxing and Spending Clause, and the Commander-in-Chief Clause-and their historical application. It then establishes that, under Justice Jackson's Youngstown framework, the Executive would be acting in Category Three, meaning that the President may "rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter." Citing multiple Article I clauses, this article argues that Executive action in …