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Things Left Unsaid, Questions Not Asked, Peter L. Strauss
Things Left Unsaid, Questions Not Asked, Peter L. Strauss
Faculty Scholarship
The University of Pennsylvania Law Review’s symposium on executive discretion, held in the fall of 2015 but just published this November, is an important undertaking, but it is remarkable for several silences – for things left unsaid on this important subject – and for questions not asked. First, although the Constitution’s “Take Care” Clause is extensively discussed, the one power Article II gives the President over domestic administration – to require the “Opinion, in writing” of the heads of the agencies Congress has invested with administrative duties – is not. Second, the discussion of the President’s undoubted but possibly …
Foreword, Philip C. Bobbitt
Foreword, Philip C. Bobbitt
Faculty Scholarship
In every state of which the international system is composed, the constitution is necessarily involved in the making and execution of the state’s strategy. The nature of that involvement is one dimension by which we determine the character of a particular state. The subordination of the professional military to elected representatives of the state; the making of legal regulations governing land and naval forces by the lawmaking body; the fashioning of rules of engagement by an elected executive; and above all, the parliamentary control of the decision to go to war that characterize states of consent — which in the …