Executive Power

  • Can Congress declare war on North Korea?

    … the Sate of Israel and its government – sitting in Jerusalem – are recognized by the U.S. So the present question involves something different – a “geographic” recognition. Even if the recognition proper is an particular executive prerogative, there is no precedent for “geography” being an exclusive executive power. Thus this case differs from all prior…

    13 readers - Eugene Kontorovich/ The Volokh Conspiracy
  • So, Erwin Chemerinsky and John Eastman walk into a brief…

    … the case, properly understood, simply does not raise the major questions about presidential recognition powers with which it is often associated. We are not arguing about the exclusivity of President’s recognition power. Rather, even a thin view of Congress’s enumerated powers requires it to be able to determine where places are. Moreover, Congress can…

    3 readers - Eugene Kontorovich/ The Volokh Conspiracy
  • All nine justices reject recess appointments in Noel Canning

    … The Supreme Court has issued yet another opinion unanimous in the judgment: Noel Canning v. NLRB.  All nine justices conclude that President Obama’s recess appointments to the National Labor Relations Board were invalid.  Justice Breyer, writing for the Court, rests on the conclusion that the Senate’s pro forma sessions were valid and the Senate…

    11 readers - Jonathan H. Adler/ The Volokh Conspiracy
  • Gore Vidal: The United States of Amnesia. Movie review

    … Gore Vidal was one of the most important American public intellectuals from the late 1940s until the early 20th century. If you’re not familiar with him, then I highly recommend that you view the new biographical movie Gore Vidal: United States of Amnesia, which is available as video on demand. The kind of person who reads the VC and other…

    10 readers - David Kopel/ The Volokh Conspiracy
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