Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Vanderbilt University Law School

Constitutional Law

2007

Vanderbilt Law Review

Articles 1 - 2 of 2

Full-Text Articles in Law

The Political Safeguards Of Executive Privilege, David A. O'Neil May 2007

The Political Safeguards Of Executive Privilege, David A. O'Neil

Vanderbilt Law Review

To an unprecedented degree, the nation's welfare now depends on constitutionally sound outcomes to disputes between Congress and the President over executive branch information. Yet we still lack a satisfying theoretical account of the optimal method for achieving those outcomes. In the years since Watergate, courts and scholars have embraced a theory premised on an unexamined faith that the Constitution's structure embeds in the political process the tools and incentives necessary for each branch to vindicate its interests. Judicial interference, this conventional model further assumes, is both unnecessary and unwise; left to their own devices, the political branches will pursue …


The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns Jan 2007

The New Commerce Clause Doctrine In Game Theoretical Perspective, Maxwell L. Stearns

Vanderbilt Law Review

The Roberts Court emerges at a critical juncture in the development of Commerce Clause doctrine. While the Commerce Clause doctrine implicates federalism and separation of powers, concerns rooted in the earliest part of our constitutional history, the arrival of a new Court presents an ideal opportunity to critically assess existing doctrines and to develop new analytical paradigms. An analysis of Commerce Clause doctrine reveals that while the Rehnquist Court successfully imposed substantive limits on the scope of this important source of congressional power for the first time in sixty years, that Court was far less successful in developing a coherent …