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15 Apr 2019, 7:16 am
New York: Palgrave Macmillan, 2013.Widerquist, Karl, Michael Anthony Lewis, and Steven Pressman, eds. [read post]
31 Jul 2018, 2:52 pm by Ilya Somin
The end result is likely to be the undermining of judicial review as an effective check on government power. [read post]
1 Jul 2014, 9:01 pm by Michael C. Dorf
The majority preserved the recess appointment power for ordinary recesses, after all. [read post]
3 Nov 2020, 5:42 am
In his concurrence, he explained that the Presidential Elections Clause does not give states any power at all.[20] Rather, he said, states have the power to regulate presidential elections by virtue of our federal structure, because the Constitution simply never took such a power from them in the first place.[21] Thomas first took this position in the 1995 case U.S. [read post]
3 Nov 2020, 5:42 am by bhorton
In his concurrence, he explained that the Presidential Elections Clause does not give states any power at all.[20] Rather, he said, states have the power to regulate presidential elections by virtue of our federal structure, because the Constitution simply never took such a power from them in the first place.[21] Thomas first took this position in the 1995 case U.S. [read post]
24 May 2010, 11:11 am by Marvin Ammori
This is the anti-distortion of Obama and, apparently, Justice Stevens.Obama said he would nominate someone “who, like Justice Stevens, knows that in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens. [read post]
9 Dec 2009, 4:43 am by Broc Romanek
I also think that Justice Stevens is also likely to rule in favor of the PCAOB, although he said virtually nothing during oral arguments. [read post]
31 Jul 2023, 9:01 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
5 Apr 2007, 4:20 pm
I guess there's a lot of that going around, right Justice Stevens? [read post]
2 Oct 2018, 9:01 pm by Michael C. Dorf
If the rescission order is invalid, then so is its pre-emption provision.Second, California could argue that agencies should not have the power to pre-empt state laws. [read post]
17 May 2016, 9:01 pm by Michael C. Dorf
In altering the common law—which is state law—Congress must exercise one of its enumerated powers (such as the Article I power to regulate interstate commerce). [read post]
3 Dec 2006, 8:08 pm
The views of Professor Balkin and I are buttressed by those of this Constitutional scholar: [A]s a frame or fundamental law of government, [t]he constitution of the United States is to receive a reasonable interpretation of its language, and its powers, keeping in view the objects and purposes, for which those powers were conferred. [read post]
21 Jan 2020, 9:01 pm by Michael C. Dorf
It makes little sense to read the statute designating him as the officer who “publishe[s]” constitutional amendments as delegating Congress’s awesome power to determine their validity—even assuming that the Constitution would permit Congress to delegate its power on such monumental questions.What the ERA Teaches About Article VTo say that Congress has the ultimate power to declare whether the ERA has been properly ratified is not to say how Congress… [read post]
18 Jun 2013, 9:01 pm by Michael C. Dorf
  After all, federal elections are typically run simultaneously with state elections, with respect to which states do have reserved powers. [read post]
18 Jan 2021, 8:15 am by Steve Gottlieb
Whose side are you on as power shifts among armed groups? [read post]
1 Sep 2020, 9:01 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
7 Feb 2011, 7:30 am by Eric Hoke, Paralegal
From Sputnik to SunShotThe energy secretary, Steven Chu, was publicly using the phrase “Sputnik moment” two months before President Obama picked it up in the State of the Union speech to describe the need for a national effort to improve competitiveness in a technical field. [read post]
25 Jun 2007, 5:20 pm
Justice Souter issued a dissenting opinion, joined by Justices Stevens, Ginsburg, and Breyer. [read post]
30 Jun 2013, 9:01 pm by Michael C. Dorf
Stevens Professor of Law at Cornell University Law School and the principal author of The Oxford Introductions to U.S. [read post]