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separation of powers

It's Still Unconstitutional for the President to Sign a Bill into Law and Refuse to Obey It

July 2, 2009

     Michael O'Brien of The Hill reports that when President Obama signed the war funding bill last week the President issued a statement indicating that he would ignore certain provisions of the law that he considered unconstitutional.  Although I agree with the President that the sections of the statute he objects to are an invasion of the [...]

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The Bradbury Memos

March 5, 2009

    On January 15, 2009, just five days before tne end of the Presidency of George W. Bush and five days before the Inauguration of Barack Obama, Stephen G. Bradbury, a Bush administration official with the Justice Department, issued a memorandum withdrawing a number of Justice Department opinions that had been written by other Bush appointees in 2001 and 2002 declaring that [...]

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Analysis of Illinois Attorney General Suit to Remove Governor Blagojevich

December 13, 2008

     Illinois Attorney General Lisa Madigan has filed a lawsuit in the Illinois Supreme Court to remove Governor Rod Blagojevich from office.  What is the legal basis for this suit, and would removing the Governor be constitutional?

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The Power of the President to Issue Midnight Regulations

November 27, 2008

     Among the developments in constitutional law that occurred in the 20th century that I consider to be most unfortunate are the changes that have allowed the President of the United States to, in effect, legislate.  We are seeing a flurry of Presidential legislation being issued right now as President Bush has his administrative agencies [...]

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The Bailout Legislation – Is It Constitutional?

September 22, 2008

     The proposed bailout legislation is fascinating, in a horrifying way, on so many levels – politically, economically, ideologically.  What about its constitutionality?

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The Supreme Court at the Tipping Point – Presidential Power

August 26, 2008

     The greatest challenge that the next Supreme Court will face is to determine the extent of Presidential power and the degree to which the President is answerable to Congress and bound by law. This question will come before the Court in a number of different contexts.

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