President/Executive Department Commons^™

Signing Statements And The New Supreme Court: The Future Of Presidential Expression, 40 J. Marshall L. Rev. 1317 (2007), Anne Skrodzki

UIC Law Review

No abstract provided.

Lincoln And Chief Justice Taney: Slavery, Secession, And The President's War Powers, James F. Simon

Books

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation, brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.

What’S International Law Got To Do With It? Transnational Law And The Intelligence Mission, James E. Baker

Georgetown Law Faculty Publications and Other Works

The United States faces an immediate and continuous threat of terrorist attack using weapons of mass destruction, including nuclear weapons. The intelligence function and national security law, including international law--or more accurately transnational law--are central to addressing this threat. Indeed, international law is more relevant today in addressing this threat than it was before September 11. Part II of this article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Part …

An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge

Articles

No abstract provided.

Putting Separation Of Powers Into Practice: Reflections On Senator Schumer's Essay, Neil J. Kinkopf, Patricia Wald

Faculty Publications By Year

No abstract provided.

Signing Statements And The President's Authority To Refuse To Enforce The Law, Neil J. Kinkopf

Faculty Publications By Year

No abstract provided.

Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen

Articles by Maurer Faculty

Since September 11, 2001 the Bush Administration has engaged in a host of controversial counterterrorism actions that threaten civil liberties and even the physical safety of those targeted: enemy combatant designations, extreme interrogation techniques, extraordinary renditions, secret overseas prisons, and warrantless domestic surveillance. To justify otherwise-unlawful policies, President Bush and his lawyers have espoused an extreme view of expansive presidential power during times of war and national emergency. Debate has raged about the details of desirable external checks on presidential excesses, with emphasis appropriately on the U.S. Congress and the courts. Yet an essential internal source of constraint is often …

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Paper Tiger With Bite: A Defense Of The War Powers Resolution, Michael B. Weiner

Vanderbilt Journal of Transnational Law

The War Powers Resolution (WPR) has led a beleaguered existence. Since its enactment in 1973, it has been labeled ineffectual and useless. This Note proves, however, that to review presidential unilateral uses of force since 1973 is to find a spirit of compliance with the WPR, as these uses of force have been characterized by their brevity and their lack of spilled U.S.blood. While minor departures from the WPR's black-letter requirements are conceded, none of these uses of force have developed into, or even resembled, Vietnam-esque quagmires. As a result, this Note contends that the WPR has had a positive …

How 'Wilsonian' Was Woodrow Wilson, Mark Weston Janis

Faculty Articles and Papers

This essay reveals how President Woodrow Wilson's passion for international law slowly developed over several stages in his life from his professorship at Princeton to his presidency. By exploring Wilson's conversion from a skeptic of international law to one of its greatest proponents, the author shows how Wilson's world view shaped American foreign policy and the political landscape.

How The Bush Administration's Warrantless Surveillance Program Took The Constitution On An Illegal, Unnecessary, And Unrepentant Joyride, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.

Overseer, Or "The Decider"? The President In Administrative Law, Peter L. Strauss

Faculty Scholarship

All will agree that the Constitution creates a unitary chief executive officer, the President, at the head of the government Congress defines to do the work its statutes detail. Disagreement arises over what his function entails. Once Congress has defined some element of government and specified its responsibilities, we know that the constitutional roles of both Congress and the courts are those of oversight of the agency and its assigned work, not the actual performance of that work. But is it the same for the President? When Congress confers authority on the Environmental Protection Agency to regulate various forms of …

The Incompatibility Principle, Harold H. Bruff

Publications

No abstract provided.

Sources Of Presidential Papers And Documents On The Web, Barbara H. Garavaglia

Articles

The President of the United States and his staff produce a large volume of documents and other materials. These documents fall into two major categories. The first category is comprised of archival presidential materials such as papers, documents, visual and audio records of the presidency, and the personal papers of the president, his family, associates, and friends. This category of presidential material is primarily of interest to historians, political scientists, and other scholars because it provides "a comprehensive view of our Presidents and... [U.S.] history."1 The second category is comprised of presidential documents with legal effect used by the president …

Documents, Leaks, And The Boundaries Of Expression: Government Whistleblowing In An Over Classified Age, Susan Nevelow Mart

Publications

No abstract provided.

Adapting To Administrative Law's Erie Doctrine, Kathryn A. Watts

Articles

This Article looks to the federalism context and draws on the federal courts' experience adapting to the Court's landmark decision in Erie Railroad Company v. Tompkins. Much like Brand X, the Court's Erie decision, which commanded federal courts to apply state law in all cases not governed by positive federal law, significantly reduced the lawmaking power of the federal courts by putting the federal courts in the position of interpreting law that they cannot definitively construe. Although Erie seemed simple enough to adhere to when state law provided a clear answer, Erie posed a serious dilemma when federal courts …

Regulatory Beneficiaries And Informal Agency Policymaking, Nina A. Mendelson

Articles

Administrative agencies frequently use guidance documents to set policy broadly and prospectively in areas ranging from Department of Education Title IX enforcement to Food and Drug Administration regulation of direct-to-consumer pharmaceutical advertising. In form, these guidances often closely resemble the policies agencies issue in ordinary notice-and-comment rulemaking. However, guidances are generally developed with little public participation and are often immune from judicial review. Nonetheless, guidances can prompt significant changes in behavior from those the agencies regulate. A number of commentators have guardedly defended the current state of affairs. Though guidances lack some important procedural safeguards, they can help agencies supervise …

The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss

Faculty Scholarship

Presidential signing statements have come out of obscurity and into the headlines. Along with salutary attention to an interesting issue, the new public visibility of signing statements has generated much overblown commentary. The desire to make these little-known documents interesting to the public – and to score points in the inevitable political battles over any practice engaged in by a sitting President – has produced a lot of discussion that misleads the public and has tended to obscure the significant issues surrounding the use of signing statements. Reflection may help put the discussion in a more useful perspective. We offer …

Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Celebrating the Centennial of the Antiquities Act (October 9)

For 100 years, the Antiquities Act has been used by nearly every President in the 20th century to set aside and protect lands threatened with privatization and development. The list of lands first protected under the Antiquities Act – and that might never have been protected without it – is truly remarkable. Many of our most treasured national parks including the Grand Canyon, Olympic, Zion, Arches, Glacier Bay, and Acadia, began as national monuments. All told, Presidents have issued 123 proclamations setting aside millions of acres of land under the Antiquities Act.

The Natural Resources Law Center and the Center …

Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides

The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon

Celebrating the Centennial of the Antiquities Act (October 9)

3 pages.

Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

13 pages.

Includes bibliographical references

Notes On The Antiquities Act And Alaska, John Freemuth

Celebrating the Centennial of the Antiquities Act (October 9)

2 pages.

Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor James R. Rasband, Brigham Young University School of Law

20 slides

The Statutory Commander In Chief, Neil Kinkopf

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz

William & Mary Bill of Rights Journal

No abstract provided.

Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh

Michigan Law Review

From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by actual practice. Until now, the "presidential control" model has been largely impervious to this pattern. That model, which brings agency decision-making under the direction of the president, has strengthened over time, winning broad scholarly endorsement and bipartisan political support. But it, like prior models, relies on abstractions - for example, that the president represents public preferences and resists parochial pressures that do not hold up as a factual matter. …

Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by actual practice. Until now, the presidential control model has been largely impervious to this pattern. That model, which brings agency decision-making under the direction of the President, has strengthened over time, winning broad scholarly endorsement and bipartisan political support. But it, like prior models, relies on abstractions - for example, that the President represents public preferences and resists parochial pressures - that do not hold up as a factual …

Constitutional Avoidance In The Executive Branch, Trevor W. Morrison

Cornell Law Faculty Publications

When executive branch actors interpret statutes, should they use the same methods as the courts? This Article takes up the question by considering a rule frequently invoked by the courts-the canon of constitutional avoidance. In addition to being a cardinal principle of judicial statutory interpretation, the avoidance canon also appears regularly and prominently in the work of the executive branch. It has played a central role, for example, in some of the most hotly debated episodes of executive branch statutory interpretation in the "war on terror." Typically, executive invocations of avoidance are supported by citation to one or more Supreme …

Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella

West Virginia Law Review

No abstract provided.