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Articles 31 - 60 of 94
Full-Text Articles in Law
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies
The Fourth Circuit Argument On The Refugee Eo: Second-Guessing The President Or Safeguarding Individual Rights?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar
The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar
Pepperdine Law Review
The public perception of the Vice President is that of an individual with little actual authority, but who has the potential to be thrust into the most powerful office in the world. But the modern Vice President has additional responsibilities that many often forget. Contrary to public perception, the Vice President’s role as President of the Senate carries important Constitutional responsibilities, such as the ability to weigh-in with tie-breaking votes in the Senate or preside over impeachment trials. Though overlooked, these are important and powerful responsibilities. Additionally, the Vice President has assumed the role of Presidential “running mate” and with …
Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies
Enjoining The Revised Refugee Eo: The Hawaii District Court “Waters Down” The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies
The Ninth Circuit On The Refugee Eo: The Government’S Least Bad Option, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Erosion Of Congressional Checks On Presidential Power, Neal Devins
The Erosion Of Congressional Checks On Presidential Power, Neal Devins
Popular Media
No abstract provided.
Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf
Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf
Neil J. Kinkopf
No abstract provided.
Section 2: Congress & The Obama White House, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Congress & The Obama White House, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Transformative Twelfth Amendment, Joshua D. Hawley
The Transformative Twelfth Amendment, Joshua D. Hawley
William & Mary Law Review
Scholars have long treated the Twelfth Amendment as a constitutional obscurity, a merely mechanical adjustment to the electoral college—and perhaps a less than successful one at that. This consensus is mistaken. In fact, the Twelfth Amendment accomplished one of the most consequential changes to the structure of our constitutional government yet. It fundamentally altered the nature of the Executive and the Executive’s relationship to the other branches of government. The Amendment changed the Executive into something it had not been before: a political office. The presidency designed at Philadelphia was intended to be neither a policymaking nor a representative institution, …
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins
Faculty Publications
Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …
The Presidential Signing Statements Controversy, Ronald Cass, Peter Strauss
The Presidential Signing Statements Controversy, Ronald Cass, Peter Strauss
Ronald A. Cass
No abstract provided.
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
Jewerl Maxwell Announces Book Publication, Andrea Speros
Jewerl Maxwell Announces Book Publication, Andrea Speros
News Releases
Jewerl Maxwell, Ph.D., associate dean of the center for lifelong learning and assistant professor of political science at Cedarville University, co-authored “Tough Times for the President: Political Adversity and the Sources of Executive Power” with professor, author and presidency scholar Ryan J. Barilleaux.
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
Faculty Publications
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to enforce and defend lack any sound basis in the Constitution. Hence, while President Obama is right to refuse to defend the Defense of Marriage Act, he is wrong to continue to enforce a law he believes is unconstitutional. Second, rather than being grounded in the Constitution, the duties are better explained by the Department of Justice’s (DOJ) desire to enhance its independence and status. By …
The Article Ii Safeguards Of Federal Jurisdiction, Tara Leigh Grove
The Article Ii Safeguards Of Federal Jurisdiction, Tara Leigh Grove
Faculty Publications
Jurisdiction stripping has long been treated as a battle between Congress and the federal judiciary. Scholars have thus overlooked the important (and surprising) role that the executive branch has played in these jurisdictional struggles. This Article seeks to fill that void. Drawing on two strands of social science research, the Article argues that the executive branch has a strong incentive to use its constitutional authority over the enactment and enforcement of federal law to oppose jurisdiction-stripping measures. Notably, this structural argument has considerable historical support. The executive branch has repeatedly opposed jurisdiction-stripping proposals in Congress. That has been true even …
Partisan Conflicts Over Presidential Authority, Jide Nzelibe
Partisan Conflicts Over Presidential Authority, Jide Nzelibe
William & Mary Law Review
No abstract provided.
On The Evasion Of Executive Term Limits, Tom Ginsburg, James Melton, Zachary Elkins
On The Evasion Of Executive Term Limits, Tom Ginsburg, James Melton, Zachary Elkins
William & Mary Law Review
Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This Article reviews the normative debate over term limits and identifies …
Executive Branch Czars, Who Are They? Are They Needed? Can Congress Do Anything About Them?, Jonathan D. Puvak
Executive Branch Czars, Who Are They? Are They Needed? Can Congress Do Anything About Them?, Jonathan D. Puvak
William & Mary Bill of Rights Journal
No abstract provided.
On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris
On The Contemporary Meaning Of Korematsu: 'Liberty Lies In The Hearts Of Men And Women', David A. Harris
Articles
In just a few years, seven decades will have passed since the U.S. Supreme Court’s decision in Korematsu v. U.S., one of the most reviled of all of the Court’s cases. Despised or not, however, similarities between the World War II era and our own have people looking at Korematsu in a new light. When the Court decided Korematsu in 1944, we were at war with the Japanese empire, and with this came considerable suspicion of anyone who shared the ethnicity of our foreign enemies. Since 2001, we have faced another external threat – from the al Queda terrorists – …
Presidential Unilateralism And Political Polarization: Why Today's Congress Lacks The Will And The Way To Stop Presidential Initiatives, Neal Devins
Faculty Publications
No abstract provided.
Imperial And Imperiled: The Curious State Of The Executive, Saikrishna B. Prakash
Imperial And Imperiled: The Curious State Of The Executive, Saikrishna B. Prakash
William & Mary Law Review
In the last four decades, the presidency has been characterized both as the "imperial presidency" as well as the "imperiled presidency. "From an originalist perspective, both camps have elements of truth on their side. When it comes to the conduct and initiation of wars, modern Presidents exercise powers that rival those the Crown possessed in England. Presidents claim the power to start wars, notwithstanding Congress's power to declare war. Moreover, Presidents insist that they have the sole right to determine how the armed forces will wage all wars, even though Congress clearly has considerable power over the armed forces. Law …
A Constitutional Anomaly: Safeguarding Confidential National Security Information Within The Enigma That Is The American Vice Presidency, Todd Garvey
William & Mary Bill of Rights Journal
No abstract provided.
The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, Luke M. Milligan
The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, Luke M. Milligan
William & Mary Bill of Rights Journal
No abstract provided.
Not-So-Independent Agencies: Party Polarization And The Limits Of Institutional Design, Neal Devins, David E. Lewis
Not-So-Independent Agencies: Party Polarization And The Limits Of Institutional Design, Neal Devins, David E. Lewis
Faculty Publications
No abstract provided.
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
William & Mary Bill of Rights Journal
No abstract provided.
Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash
Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash
William & Mary Bill of Rights Journal
No abstract provided.
The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport
The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport
William & Mary Bill of Rights Journal
No abstract provided.
The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss
The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage
Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage
William & Mary Bill of Rights Journal
No abstract provided.