Law Commons^™

Standing For (And Up To) Separation Of Powers, Kent H. Barnett

Indiana Law Journal

The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) safeguards, such as by obtaining valid appointments, exercising certain limited powers, and being sufficiently subject to the President’s control. Who can best protect these safeguards? A growing number of scholars would allow only the political branches—Congress and the President—to defend them. These scholars would limit or end judicial review because private judicial challenges are aberrant to justiciability doctrine and lead courts to meddle in minor matters that rarely affect regulatory outcomes.

This Article defends the right of private parties to assert justiciable structural causes of action, arguing that …

Lost Constitutional Moorings: Recovering The War Power, Louis Fisher

Indiana Law Journal

For the past half century, Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or at any time thereafter. Similar false claims of authority have been made by Presidents since that time. These constitutional violations have been assisted …

Protecting The Constitution From The People: Juricentric Restrictions On Section Five Power, Robert C. Post, Reva B. Siegel

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

Ronald Reagan And The Rehnquist Court On Congressional Power: Presidential Influences On Constitutional Change, Dawn E. Johnsen

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

Peanut Butter And Politics: An Evaluation Of The Separation-Of-Powers Issues In Section 802 Of The Prison Litigation Reform Act, Jennifer A. Puplava

Indiana Law Journal

No abstract provided.

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.

The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk

Indiana Law Journal

Symposium: Separation of Powers

The Court V. The Legislature: Rule Making Power In Indiana

Indiana Law Journal

No abstract provided.

Punishment: Its Meaning In Relation To Separation Of Power And Substantive Constitutional Restrictions And Its Use In The Lovett, Trop, Perez, And Speiser Cases

Indiana Law Journal

No abstract provided.