President/Executive Department Commons^™

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

Constitutional Law: The Province And Duty Of The Judicial Department: Why The Court Cannot Continue To Use Justiciability To Avoid Dealing With The Tension Between Congress And The President Regarding The War Powers, Cassandra L. Wilkinson

Oklahoma Law Review

No abstract provided.

Ordered Liberty And The Homeland Security Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

This paper will start with a brief discussion of the terrorism threat because the threat remains predicate for any serious discussion of where we draw our legal lines. I will then suggest a legal model for looking at questions of homeland security called ordered liberty. The model is simple. First, given the nature of the threat, the executive must have broad and flexible authority to detect and respond to terrorism-–to provide for our physical security. Second, the sine qua non for such authority is meaningful oversight. Oversight means the considered application of constitutional structure, executive process, legal substance, and relevant …

When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker

Georgetown Law Faculty Publications and Other Works

The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.

Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may …

At War With Civil Rights And Civil Liberties, Thomas E. Baker

Faculty Publications

This essay looks at the Supreme Court and acquiescence to measures by the Executive Branch that limit or suspend civil liberties during times of war or threats to national security.

What Is It Good For? War Power, Judicial Review, And Constitutional Deliberation, J. Richard Broughton

Oklahoma Law Review

No abstract provided.

The Clinton Administration And War Powers, Lori Fisler Damrosch

Faculty Scholarship

The strongest of all governmental powers is the power to engage in war; and the strongest challenge for constitutionalism is to bring the war power of the state under meaningful control. The 1787 Constitution allocated some military powers to the Congress and others to the President as part of the scheme of constitutional checks and balances. To this day, however, the distribution of authority between the branches remains contested and uncertain.

The Clinton Administration has had substantial opportunity to contribute to the evolution of constitutional practice concerning war powers, by virtue of numerous occasions of combat deployments, cruise missile strikes, …

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 …

Bending Toward Justice: The Posthumous Pardon Of Lieutenant Henry Ossian Flipper, Darryl W. Jackson, Jeffery H. Smith, Edward H. Sisson, Helene T. Krasnoff

Indiana Law Journal

No abstract provided.

Catastrophic Terrorism- Thinking Fearfully, Acting Legally, Barry Kellman

Michigan Journal of International Law

The time has come to move beyond howls of alarm to a public discussion of what policies should be adopted or reformed. That discussion should proceed even as crucial questions remain only partially answerable: How realistic is the possibility of catastrophic terrorism? How easy is it to make a catastrophic device that actually works? Why would any person or group want to kill hundreds, thousands, or tens of thousands of innocent victims?

The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan

Scholarly Articles in Law Reviews & Journals

Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.

Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara

UIC Law Review

No abstract provided.

The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis

University of Michigan Journal of Law Reform

The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …

Challenging The Constitutionality Of President Clinton's Compromise: A Practical Alternative To The Military's Don't Ask, Don't Tell Policy, 28 J. Marshall L. Rev. 179 (1994), Kenneth S. Mclaughlin Jr.

UIC Law Review

No abstract provided.

Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis

Articles

No abstract provided.

The War Power After 200 Years: Congress And The President At A Constitutional Impasse: Hearings Before The Subcommittee On War Powers Of The Committee On Foreign Relations, United States Senate, One Hundredth Congress, First Session, Claiborne Pell, Larry Pressler, Paul Simon, Paul S. Sarbanes, Edwin B. Firmage, Michael J. Glennon, W. Taylor Reveley Iii, Robert F. Turner

Congressional Testimony

No abstract provided.

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Congress And The Executive: Who Calls The Shots For National Security? – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch

Faculty Scholarship

Professor Firmage's reaffirmation of the Framers' conception of a President who would wait for congressional instructions appeals to traditional values of democratic control and congressional primacy that have deep roots in our national consciousness. But this model of presidential passivity has some of the same strengths and weaknesses as the advocacy of chastity to solve today's problems of teenage pregnancy and sexually transmitted disease. The basic values may be sound, but when one moves from the assertion of those values to the identification of policy prescriptions, then it becomes clear that contemporary problems are too complex to be solved by …

A Republic, If You Can Keep It, Daniel N. Hoffman

Michigan Law Review

A Review of Undeclared War: Twilight Zone of Constitutional Power by Edward Keynes and The War-Making Powers of the President: Constitutional and International Law Aspects by Ann Van Wynen Thomas and A.J. Thomas, Jr.

The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce

Antioch Law Journal

In 1973, Congress enacted the War Powers Resolution.' The purpose of the Resolution was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances .... 2 Part I of this comment examines the legislative evolution of the consultation clause to ascertain the intent of those congressional members who drafted and ratified the War Powers Resolution. Part II …

The National Executive And The Use Of The Armed Forces Abroad, John Norton Moore

International Law Studies

No abstract provided.

Presidential Control Of Nuclear Weapons In Limited War Situations, Hugh F. Lynch

International Law Studies

No abstract provided.

The International Law Of The Armed Forces Abroad, Gordon B. Baldwin

International Law Studies

No abstract provided.

The Status Of Armed Forces Abroad, Robert C. Grabb

International Law Studies

No abstract provided.

A Rejoinder, David E. Engdahl

Indiana Law Journal

No abstract provided.

The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi

Indiana Law Journal

No abstract provided.

Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

War Powers Legislation: An Addendum, J. Terry Emerson

West Virginia Law Review

No abstract provided.

War Powers Legislation, J. Terry Emerson

West Virginia Law Review

No abstract provided.