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9 Jun 2019, 7:30 am by Sandy Levinson
  But I continue to believe that the 1968 and 1992 elections, to mention only two especially significant post-World War II elections (and not, for example, the 1912 or 1860 elections), present their own problems inasmuch as the two winners, Richard Nixon and Bill Clinton, had the demonstrated support of only 43% of the population, and, of course, were faced as well by a “divided” Congress in which at least one house was controlled by the opposition party. [read post]
19 May 2021, 8:47 am by Jonathan Shaub
The two principal “institutional” powers people typically cite are, first, Congress’s inherent contempt authority—which, a century ago, it used occasionally to imprison recalcitrant witnesses—and, second, Congress’s authority to appropriate money. [read post]
31 Oct 2019, 5:59 am by Jonathan Shaub
If you think of a “legal” doctrine as a rule according to which people adhere their behavior and pursuant to which parties can resolve disputes, executive privilege has not been a legal doctrine at all. [read post]
  Throughout the filing, the department takes pains to set out evidence that could speak to the intent of Trump and the people around him—beginning with its description of the referral from the National Archives. [read post]
5 Apr 2017, 3:01 am by David Meyer Lindenberg
As it happens, my father was then a partner in a small Whittier law firm that Nixon had been a partner in some two to three decades earlier, before he was elected to Congress. [read post]
8 Aug 2023, 2:01 pm by Laurence H. Tribe
To compound that problem, Chesebro uses that proposition as support for the myth that the way Hawaii’s electoral votes were counted for Kennedy over Nixon in the 1960 presidential election “buttresses” my supposed “conclusion” and thereby supports this imagined power of each State in the election process. [read post]
29 Feb 2008, 12:53 pm
  Romney lost the Republican nomination to Nixon, and Goldwater lost the election to Johnson. [read post]
3 Jun 2018, 9:26 pm by Anthony Gaughan
Noah Feldman’s superb new book, The Three Lives of James Madison: Genius, Partisan, President, is filled with fascinating insights relevant to contemporary American law and politics. [read post]
24 Oct 2008, 11:39 am
Smartly, Eisenhower maintained the New Deal policies and supported civil rights, including the 1954 Supreme Court decision Brown v. [read post]
26 Apr 2023, 2:39 pm by Josh Blackman
(He has a bad habit of ignoring unhelpful precedent; See U.S. v. [read post]
7 Sep 2020, 10:04 am by Paul Rosenzweig, Vishnu Kannan
That framework saw an executive far more subservient to the legislative branch and far more ministerial in nature (George Washington’s entire executive branch numbered fewer than 100 people). [read post]
15 Feb 2017, 12:44 pm by Susan Hennessey, Helen Klein Murillo
Richard Nixon’s National Security Advisor, Henry Kissinger, requested wiretaps on White House staff to uncover news leaks involving classified information. [read post]
20 Dec 2018, 8:55 am by Laurence H. Tribe
There is mounting reason to ask whether the president and his associates sought to secure his election by conspiring with foreign adversaries and domestic accomplices to defraud the American people. [read post]
14 Dec 2016, 10:01 am by Quinta Jurecic
That year, the Court handed down Hamdan v. [read post]