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Full-Text Articles in Law
The President And Individual Rights, Mark Tushnet
The President And Individual Rights, Mark Tushnet
William & Mary Bill of Rights Journal
No abstract provided.
Destructive Federal Decentralization, David Fontana
Destructive Federal Decentralization, David Fontana
William & Mary Bill of Rights Journal
This Article—written for a symposium hosted by the William & Mary Bill of Rights Journal—focuses on the efforts by the Trump administration to relocate federal officials outside of Washington to reduce the capacity of the federal government. Federalism and the separation of powers are usually the twin pillars of structural constitutional law. Locating federal officials outside of Washington— federal decentralization—has been an additional tool of diffusing power that has started to gain some scholarly attention. These debates largely focus on structural constitutional law as constructive—as improving the capacity and operation of the federal and state governments. The power …
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
William & Mary Bill of Rights Journal
Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …
When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson
When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson
William & Mary Bill of Rights Journal
This Article revisits the D.C. Circuit’s 1993 decision in FEC v. NRA Political Victory Fund, and concludes that the separation of powers reasoning applied in NRA Political Victory Fund could invalidate other common practices in the administrative state, such as statutory requirements that Executive Branch officers serve on the boards of corporations created and staffed by Congress.
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
William & Mary Bill of Rights Journal
No abstract provided.
The On/Off Switch, Philip Heymann
The On/Off Switch, Philip Heymann
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements In Perspective, Nelson Lund
Presidential Signing Statements In Perspective, Nelson Lund
William & Mary Bill of Rights Journal
No abstract provided.
Litigating Presidential Signing Statements, Michele Estrin Gilman
Litigating Presidential Signing Statements, Michele Estrin Gilman
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane
Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
William & Mary Bill of Rights Journal
No abstract provided.
Executive Privilege And Interbranch Comity After Clinton, Jonathan L. Entin
Executive Privilege And Interbranch Comity After Clinton, Jonathan L. Entin
William & Mary Bill of Rights Journal
Although both constitutional theory and practical considerations offer powerful reasons for Congress and the President to prefer negotiation rather than litigation of separation of powers disputes, the Clinton Administration litigated and lost several important cases dealing with presidential power. Some commentators have suggested that these rulings will undermine the presidency for years after Clinton leaves office. Professor Entin assesses some factors, notably the phenomenon of divided government, that might have contributed to the difficulty of reaching interbranch accommodations in recent years and suggests that the long-term implications of the adverse judicial rulings may be less severe than the pessimists fear.
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
William & Mary Bill of Rights Journal
Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …