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Articles 91 - 120 of 123
Full-Text Articles in President/Executive Department
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
William & Mary Bill of Rights Journal
Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …
The Public And Private Lives Of Presidents, Neal Kumar Katyal
The Public And Private Lives Of Presidents, Neal Kumar Katyal
William & Mary Bill of Rights Journal
Focusing on a frequent theme in the executive privilege arguments advanced by the Clinton Administration, Neal Kumar Katyal explores the distinction drawn between the public and private lives of the President, particularly in the Paula Jones and Monica Lewinsky cases. He argues that the Administration's difficulties in asserting executive privilege claims following these cases demonstrate that the public/private distinction is not entirely valid. He asserts that, unlike members of Congress who have time when they are not in session, the President is unique in that he is office twenty-four hours a day. He argues that this special constitutional status puts …
Restoring The Balance Of Power: Impeachment And The Twenty-Second Amendment, James Randolph Peck
Restoring The Balance Of Power: Impeachment And The Twenty-Second Amendment, James Randolph Peck
William & Mary Bill of Rights Journal
The recent proceedings against President William Jefferson Clinton brought Congress' impeachment power into the national spotlight. In the public debate on when it is appropriate for Congress to exercise this power, it is important to consider that the Framers gave this power to the legislature principally as a tool to maintain a balance of power between the legislative and executive branches of the federal government. Examining the debates at the Constitutional Convention, this Note details how the Framers deliberately sought to balance the President's term in office and eligibility for re-election with the Congress' impeachment power in order to prevent …
The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt
The Special Constitutional Structure Of The Federal Impeachment Process, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Perils Of Presidential Impeachment, Michael J. Gerhardt
The Perils Of Presidential Impeachment, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt
The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Lessons Of Impeachment History, Michael J. Gerhardt
The Lessons Of Impeachment History, Michael J. Gerhardt
Faculty Publications
No abstract provided.
1996-97 Supreme Court Preview: Mock Arguments In Clinton V. Jones, Michael J. Gerhardt, Rodney A. Smolla
1996-97 Supreme Court Preview: Mock Arguments In Clinton V. Jones, Michael J. Gerhardt, Rodney A. Smolla
William & Mary Bill of Rights Journal
No abstract provided.
Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins
Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins
Faculty Publications
No abstract provided.
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Faculty Publications
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Faculty Publications
No abstract provided.
Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne
Ronald V. Dellums V. George Bush (D.D.C. 1990): Memorandum Amicus Curiae Of Law Professors, Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne
Faculty Publications
This joint memorandum is submitted to the court hearing Dellums v. Bush. This amicus brief advocates that the President may not order American armed forces to make war without consultation with and approval by Congress. The brief also argues that the case is justiciable.
Book Review Of Washington Information Directory, James S. Heller
Book Review Of Washington Information Directory, James S. Heller
Library Staff Publications
No abstract provided.
The Line Item Veto: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, United States Senate, One Hundred First Congress, First Session, Paul Simon, Arnold Cantor, Neal Devins, Louis Fisher
The Line Item Veto: Hearing Before The Subcommittee On The Constitution Of The Committee On The Judiciary, United States Senate, One Hundred First Congress, First Session, Paul Simon, Arnold Cantor, Neal Devins, Louis Fisher
Congressional Testimony
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
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.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
Faculty Publications
This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.
Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins
Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins
Faculty Publications
No abstract provided.
How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins
How Successfully Can The States' Item Veto Be Transferred To The President?, Louis Fisher, Neal Devins
Faculty Publications
No abstract provided.
Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii
Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Book Review Of War Powers Of The President And Congress: Who Holds The Arrows And Who Holds The Olive Branch?, William B. Spong Jr.
Book Review Of War Powers Of The President And Congress: Who Holds The Arrows And Who Holds The Olive Branch?, William B. Spong Jr.
Faculty Publications
No abstract provided.
Seedtime Of An American Judiciary: From Independence To The Constitution, William F. Swindler
Seedtime Of An American Judiciary: From Independence To The Constitution, William F. Swindler
William & Mary Law Review
No abstract provided.
The War Powers Resolution Revisited: Historic Accomplishment Or Surrender?, William B. Spong Jr.
The War Powers Resolution Revisited: Historic Accomplishment Or Surrender?, William B. Spong Jr.
William & Mary Law Review
No abstract provided.
The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of "The Sweeping Clause", William W. Van Alstyne
The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of "The Sweeping Clause", William W. Van Alstyne
Faculty Publications
No abstract provided.
Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii
Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii
Faculty Publications
For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …
Watergate And Constitutional Power - A Perspective For United States V. Nixon, William F. Swindler
Watergate And Constitutional Power - A Perspective For United States V. Nixon, William F. Swindler
Faculty Publications
No abstract provided.
The Exectutive Power In State And Federal Constitutions, William F. Swindler
The Exectutive Power In State And Federal Constitutions, William F. Swindler
Faculty Publications
No abstract provided.
Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii
Book Review Of Undeclared War And Civil Disobedience: The American System In Crisis, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne
Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne
Faculty Publications
Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …
Book Review Of The Power Of The Presidency: Concepts And Controversy, Jack D. Edwards
Book Review Of The Power Of The Presidency: Concepts And Controversy, Jack D. Edwards
William & Mary Law Review
No abstract provided.
Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii
Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.