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Articles 1 - 12 of 12
Full-Text Articles in Law
The Myth Of Extraconstitutional Foreign Affairs Power, Michael D. Ramsey
The Myth Of Extraconstitutional Foreign Affairs Power, Michael D. Ramsey
William & Mary Law Review
No abstract provided.
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Choosing Justices: A Political Appointments Process And The Wages Of Judicial Supremacy, John C. Yoo
Michigan Law Review
William H. Rehnquist is not going to be Chief Justice forever - much to the chagrin of Republicans, no doubt. In the last century, Supreme Court Justices have retired, on average, at the age of seventy-one after approximately fourteen years on the bench. By the end of the term of the President we elect this November, Chief Justice Rehnquist will have served on the Supreme Court for thirty-two years and reached the age of eighty. The law of averages suggests that Chief Justice Rehnquist is likely to retire in the next presidential term. In addition to replacing Chief Justice Rehnquist, …
Introduction To The Symposium: Executive Privilege And The Clinton Presidency, Iain R. Mcphie
Introduction To The Symposium: Executive Privilege And The Clinton Presidency, Iain R. Mcphie
William & Mary Bill of Rights Journal
No abstract provided.
Restoring Balance To The Debate Over Executive Privilege: A Response To Berger, Mark J. Rozell
Restoring Balance To The Debate Over Executive Privilege: A Response To Berger, Mark J. Rozell
William & Mary Bill of Rights Journal
In this Essay, Professor Rozell responds to Raoul Berger 's Executive Privilege: A Constitutional Myth. Berger's work claims that executive privilege does not have a constitutional basis. Addressing Berger's textual, historical, and structural arguments, Professor Rozell argues contrarily that executive privilege is a legitimate power when exercised properly and that to view executive privilege as a constitutional absolute is improper. As such, Professor Rozell recognizes the limits of executive privilege and suggests that it may be subject to a balancing test when weighed against demands for information. He argues that presidents should not use this power to protect information that …
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.
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 …
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 …
The Public And Private Lives Of Presidents, Neal Kumar Katyal
The Public And Private Lives Of Presidents, Neal Kumar Katyal
William & Mary Bill of Rights Journal
Focusing on a frequent theme in the executive privilege arguments advanced by the Clinton Administration, Neal Kumar Katyal explores the distinction drawn between the public and private lives of the President, particularly in the Paula Jones and Monica Lewinsky cases. He argues that the Administration's difficulties in asserting executive privilege claims following these cases demonstrate that the public/private distinction is not entirely valid. He asserts that, unlike members of Congress who have time when they are not in session, the President is unique in that he is office twenty-four hours a day. He argues that this special constitutional status puts …
Restoring The Balance Of Power: Impeachment And The Twenty-Second Amendment, James Randolph Peck
Restoring The Balance Of Power: Impeachment And The Twenty-Second Amendment, James Randolph Peck
William & Mary Bill of Rights Journal
The recent proceedings against President William Jefferson Clinton brought Congress' impeachment power into the national spotlight. In the public debate on when it is appropriate for Congress to exercise this power, it is important to consider that the Framers gave this power to the legislature principally as a tool to maintain a balance of power between the legislative and executive branches of the federal government. Examining the debates at the Constitutional Convention, this Note details how the Framers deliberately sought to balance the President's term in office and eligibility for re-election with the Congress' impeachment power in order to prevent …
Presidential Power Grab Or Pure State Might? A Modern Debate Over Executive Interpretations On Federalism, Jennie Holman Blake
Presidential Power Grab Or Pure State Might? A Modern Debate Over Executive Interpretations On Federalism, Jennie Holman Blake
BYU Law Review
No abstract provided.
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
UIC Law Review
No abstract provided.
Word Games, War Games, Diane H. Mazur
Word Games, War Games, Diane H. Mazur
Michigan Law Review
In 1993, the country's interest in the issue of military service by gay citizens escalated to a level that can only be described as a national obsession, and "obsession" is by no means too strong a term. The subject of gay servicemembers was debated within all three branches of government, all ranks of the military, and all walks of civilian life.1 The issue of military service by gay citizens became a line in the sand, a cultural standoff on issues as sensitive and disparate as sexuality, patriotism, civil rights, and civic obligation. Janet Halley2 returns to that time of obsession …