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Full-Text Articles in Law

The Presidential Monopoly Of Foreign Relations, Raoul Berger Nov 1972

The Presidential Monopoly Of Foreign Relations, Raoul Berger

Michigan Law Review

Because of the widespread ramifications of foreign relations, discussion must perforce be confined to presidential executive agreements, and whether the Senate may be excluded from knowledge of, and participation in, negotiations with foreign nations as a part of the treaty-making process. Mention only can be made of the legislative shortcomings which have contributed to the all but total takeover of foreign relations by the President, and of the need for procedural reform in the Senate if its participation is to be effective. Could we view the matter as an original question, that is, were we drafting or amending a Constitution …


War Powers Legislation: An Addendum, J. Terry Emerson Sep 1972

War Powers Legislation: An Addendum, J. Terry Emerson

West Virginia Law Review

No abstract provided.


Max Planck Institute For Comparative Public Law And International Law: Judicial Protection Against The Executive, Pieter Van Dijk Jun 1972

Max Planck Institute For Comparative Public Law And International Law: Judicial Protection Against The Executive, Pieter Van Dijk

Michigan Law Review

A Review of Judicial Protection Against the Executive Edited by the Max Planck Institute for Comparative Public Law and International Law


Congressional Power To Define The Presidential Pocket Veto Power, Arthur S. Miller Apr 1972

Congressional Power To Define The Presidential Pocket Veto Power, Arthur S. Miller

Vanderbilt Law Review

Two recent exercises of the "pocket veto" by President Nixon have evoked controversy over the constitutional distribution of power and responsibility for negativing congressional actions! On December 14,1970, Congress sent to the President Senate Bill 3418, the Family Practice of Medicine Act. The bill had originated in the Senate, which recessed at the close of business on December 22, 1970, until 12:00 o'clock noon on December 28. Before recessing, unanimous consent had been given the Secretary of the Senate to receive messages from the President during this period. At about the same time House of Representatives Bill 3571, a private …


Policing The Executive Privilege, Keith Borman Jan 1972

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 …


The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson Jan 1972

The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Executive Orders And The Development Of Presidential Power, William Hebe Jan 1972

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review

No abstract provided.


Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne Jan 1972

Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne

Faculty Publications

Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …