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26 Feb 2018, 4:00 am by Keith E. Whittington
As Jefferson later emphasized to the Virginia jurist Spencer Roane, who was doing battle in the press with Chief Justice John Marshall over the court’s opinion in the McCulloch v. [read post]
15 Feb 2018, 10:00 am by Josh Blackman
” Judge Alsup paints the picture of a divided White House, wherein “the Chief Executive publicly favors the very program [his Administration] has ended. [read post]
12 Feb 2018, 4:00 am by Josh Blackman
In the Barnett/Blackman constitutional law casebook, we included this introduction to United States v. [read post]
25 Jan 2018, 3:02 am by Walter Olson
“”Administrative State Is THE Leading Threat to Civil Liberties of Our Era'”: Nick Gillespie interview with Philip Hamburger at Reason; Beyond the deference debates: White House Counsel Don McGahn speaks on Chenery I v. [read post]
18 Dec 2017, 6:00 am by Josh Blackman
In Part I of this series, I concluded that the “president cannot obstruct justice when he exercises his lawful authority that is vested by Article II of the Constitution. [read post]
14 Dec 2017, 9:01 pm by Vikram David Amar
Courts have often expressed—as the Supreme Court did in United States v. [read post]
4 Dec 2017, 12:54 pm by Scott Bomboy
“Governmental investigation and prosecution of crimes is a quintessentially executive function,” Scalia wrote in his dissent in a 1987 Supreme Court decision, Morrison v. [read post]
26 Nov 2017, 8:23 pm by Jonathan H. Adler
Adam White and Daniel Hemel are inclined to think the White House has the stronger hand. [read post]
16 Nov 2017, 10:10 am by Vanessa Sauter
Sarah Grant provided an update on the United States v. al-Nashiri proceedings. [read post]