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19 Feb 2020, 9:01 pm by Neil H. Buchanan
What happens when the President simply thinks that he is not merely above the law but that, in Richard Nixon’s infamous words, “when the President does it, that means it is not illegal” at all? [read post]
6 Feb 2020, 11:11 am by Jeh Johnson
In 2011 OLC opined that “[t]he President had the constitutional authority to direct the use of military force in Libya because he could reasonably determine that such use of force was in the national interest. [read post]
4 Feb 2020, 7:13 am by Kalvis Golde
” We rely on our readers to send us links for our round-up. [read post]
27 Jan 2020, 9:45 am by Jonathan Shaub
Executive privilege, used broadly, encompasses two related inquiries. [read post]
16 Jan 2020, 12:16 pm by Hilary Hurd
Many impeachment articles concern the improper use of judicial discretion. [read post]
16 Jan 2020, 5:00 am by Bob Bauer
He contrasts this rush to judgment with the Nixon proceedings, which ran for a year and a half, and the Clinton impeachment, which followed “years of investigation. [read post]
10 Jan 2020, 11:56 am by Jonathan Shaub
The dissenting views in the House impeachment report, for example, claim that “the President’s assertion of valid constitutional privileges is being used as a weapon against him,” and that the House’s decision to “rush[] straight to impeachment without engaging the courts to resolve this interbranch dispute” represents “a strategic choice … not an appropriate justification for impeachment. [read post]
As former Justice Benjamin Curtis, who dissented in Dred Scott v. [read post]
2 Jan 2020, 9:01 pm by Vikram David Amar
This might explain some of what the Supreme Court said and did in the 1993 decision in Nixon v. [read post]
17 Dec 2019, 12:15 pm by Ronald Collins
Might you tell us what’s in the works for the next volume or two? [read post]
16 Dec 2019, 4:00 am by Noel Semple
Family litigation can be used strategically to control an ex-spouse and cause harm to them. [read post]