Executive Power

  • The Article I power in Zivotosfky v. Kerry

    … the facts established in the case preclude the Art. I holding. (He taught me international law, but he deserves none of the blame for the results.) Goldsmith argues that putting “Israel” on the passport does not have to do with the “movement of persons across borders,” and thus falls outside the foreign commerce power. He also dismisses it as a function…

    Eugene Kontorovich/ The Volokh Conspiracy
  • Targeting the Constitution

    … U.S. Constitution (Courtesy U.S. Archives) It is now well known that the IRS targeted tea party organizations. What is less well known, but perhaps even more scandalous, is that the IRS also targeted those who would educate their fellow citizens about the United States Constitution. According to the inspector general’s report (pp. 30 & 38…

    7 readers - Nicholas Quinn Rosenkranz/ The Volokh Conspiracy
  • Linda Greenhouse on Noel Canning

    … into their false ‘presidential power grab’ narrative.” This is simply bizarre. What the Supreme Court held — unanimously — in Noel Canning is that President Obama exceeded his power and violated the Constitution by making recess appointments that he had no constitutional authority to make. Obama used to be president of the Harvard Law Review. He purports…

    9 readers - Nicholas Quinn Rosenkranz/ The Volokh Conspiracy
  • Can Congress declare war on North Korea?

    … 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…

    …, 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
  • The case for (and against) congressional standing to sue the president

    … This past week, the House Rules Committee approved a resolution authorizing a lawsuit against the executive branch for unlawfully delaying the PPACA’s employer mandate penalty. On July 25, attorney David Rivkin and FIU law professor Elizabeth Price Foley took to the Post‘s pages to outline the reasons they believe the House has standing to pursue…

    13 readers - Jonathan H. Adler/ 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…

    11 readers - David Kopel/ The Volokh Conspiracy
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