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Articles 61 - 87 of 87
Full-Text Articles in President/Executive Department
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
William & Mary Bill of Rights Journal
No abstract provided.
The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport
The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
William & Mary Bill of Rights Journal
No abstract provided.
Section 1: The Executive Power & The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: The Executive Power & The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz
In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz
William & Mary Bill of Rights Journal
No abstract provided.
The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent
The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin J. Heller
The Rhetoric Of Necessity (Or, Sanford Levinson's Pinteresque Conversation), Kevin J. Heller
Georgia Law Review
It may seem odd to begin a discussion of whether the President should have the power to act extraconstitutionally in times of necessity with a quote from The Dwarfs. As I researched this Comment, though, I could not escape the uneasy feeling that I was witnessing what could only be described as a Pinteresque conversation-a conversation in which Professor Levinson and his interlocutors, "while exchanging remarks apparently on a common topic, and using mutually comprehensible vocabulary, are revealed as experiencing a profound failure to communicate with one another."2 Professor Levinson wants to find a workable balance between constitutional restraints and …
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
William & Mary Bill of Rights Journal
In exercising his war-making powers, the President has historically pursued war-related initiatives that implicate civil liberties. Meanwhile, the Congress, with little incentive to resist these initiatives, has played a steadily declining role in warmaking. In this Essay, Professor Devins examines this dynamic, and argues that with Congress largely standing on the sidelines as the President leads the nation in war, it is the American public that has become the principal check on the powers of the President in wartime.
Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins
Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins
Faculty Publications
No abstract provided.
The Legislator-In-Chief, Vasan Kesavan, J. Gregory Sidak
The Legislator-In-Chief, Vasan Kesavan, J. Gregory Sidak
William & Mary Law Review
The State of the Union and Recommendation Clauses of Article II, Section 3provide that the President "shall from time to time give to the Congress Information of the State of the Union, and recommend to their consideration such Measures as he shall judge necessary and expedient. "Those thirty-one words envision the President as the lead active participant in the embryonic stages of the making of laws. Eight separate principles animate the President's legislative duties and powers before the presentment process. When the State of the Union and Recommendation Clauses are seen to have this textual and analytical subtlety, they reveal …
Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn
Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn
William & Mary Law Review
No abstract provided.
The Myth Of Extraconstitutional Foreign Affairs Power, Michael D. Ramsey
The Myth Of Extraconstitutional Foreign Affairs Power, Michael D. Ramsey
William & Mary Law Review
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.
Fragmenting The Unitary Executive: Congressional Delegations Of Administrative Authority Outside The Federal Government, Harold J. Krent
Fragmenting The Unitary Executive: Congressional Delegations Of Administrative Authority Outside The Federal Government, Harold J. Krent
All Faculty Scholarship
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 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.
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. …
Aspects Of The Executive's Power Over National Security Matters: Secrecy Classifications And Foreign Intelligence Wiretaps, Charles R. Nesson
Aspects Of The Executive's Power Over National Security Matters: Secrecy Classifications And Foreign Intelligence Wiretaps, Charles R. Nesson
Indiana Law Journal
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.
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.
Commentary, W. Taylor Reveley Iii
The Appointing And Removal Powers Of The President Under The Constitution Of The United States, Guy Despard Goff
The Appointing And Removal Powers Of The President Under The Constitution Of The United States, Guy Despard Goff
James Goold Cutler Lecture
No abstract provided.