Topic
Separation of Powers
Posts
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ArticleVol. 88 · Iss. 1
The Scope of Congress’s Thirteenth Amendment Enforcement Power After City of Boerne v. Flores
Section 2 of the Thirteenth Amendment grants Congress power to enforce this article by appropriate legislation. In Jones v. Alfred H. Mayer Co., the Supreme…
Jennifer Mason McAward -
Online2021
Pardon Me? Reconciling The Pardon Power with Traditional Notions of Checks-and-Balances
Article II, Section 2 of the United States Constitution confers upon the president the “power to grant reprieves and pardons for offenses against the…
Marriam Shah -
ArticleVol. 94 · Iss. 6
Justice Stevens and the Arc of Precedent
In my office, I have a bobble-head doll of Justice Stevens. In one hand, he holds a golf club. Or, at least, he used…
Judge David J. Barron -
CommentaryVol. 94 · Iss. 4
Confirming Supreme Court Justices in a Presidential Election Year
Justice Antonin Scalia’s death prompted United States Senate Majority Leader Mitch McConnell (R-Ky.) and Judiciary Committee Chair Chuck Grassley (R-Iowa) to argue that the…
Carl Tobias -
ArticleVol. 94 · Iss. 1
Judging Foreign States
Famed foreign relations law principles, including the act of state doctrine, the public law taboo, and Zschernig’s foreign affairs preemption, rely on the notion…
Zachary D. Clopton -
ArticleVol. 95 · Iss. 6
Public Employee Speech and Magarian’s Dynamic Diversity
The Supreme Court under Chief Justice John Roberts has been praised in many quarters as a committed ally of free speech. Certainly, a number…
Heidi Kitrosser -
ArticleVol. 95 · Iss. 5
Congress in the Administrative State
In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars…
Brian D. Feinstein -
CommentaryVol. 95 · Iss. 3
Who has Standing to Sue the President Over Allegedly Unconstitutional Emoluments?
Two provisions of the U.S. Constitution that have received comparatively little public attention over the past 227 years are suddenly all over the news,…
Matthew Hall -
NoteVol. 95 · Iss. 1
Drawing the Line on Legislative Privilege: Interpreting State Speech or Debate Clauses in Redistricting Litigation
The United States Constitution and forty-three state constitutions include a Speech or Debate Clause granting legislators a legal privilege for their legislative work. Although…
J. Pierce Lamberson -
CommentaryVol. 96 · Iss. 4
Presidential Powers, Immunities, and Pardons
Special Counsel Robert Mueller is conducting an investigation into Russia’s interference in the 2016 presidential election and the possible coordination and cooperation with the…
Alberto R. Gonzales -
CommentaryVol. 92 · Iss. 4
A Taxonomy of Discretion: Refining the Legality Debate About Obama’s Executive Actions on Immigration
With immigration reform stymied in Congress, broad executive action has been President Obama’s signature contribution to American immigration policy. These measures have drawn allegations…
Michael Kagan -
ArticleVol. 91 · Iss. 3
The ‘Shell Bill’ Game: Avoidance and the Origination Clause
With increasing frequency, many important revenue laws, such as the Affordable Care Act and the American Taxpayer Relief Act of 2012, begin as “shell…
Rebecca M. Kysar