Date of publication: 2017-08-27 17:33
Disputes concerning the scope of the President&rsquo s unilateral authority under the Commander in Chief Clause particularly of late have tended to neglect the potential significance of other constitutional provisions in understanding the Constitution&rsquo s separation of emergency powers.
[*] Associate Professor of Law, University of Tennessee. . Yale Law School, 6985 . University of Tennessee, 6987. I would like to thank Brannon Denning and Brooks Smith, who contributed excellent research assistance. My thinking on this subject has benefited from conversations and correspondence with a number of individuals, including Neil Cohen, Ralph Davis, Barry Friedman, Don Kates, Rob Merges, Helen Smith, Tom Plank, and William Van Alstyne.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
Speakers: Daveed Gartenstein-Ross, Senior Fellow, Foundation for Defense of Democracy CEO, Valens Global Joshua Geltzer, Fellow, New America International Security Program and Nadia Oweidat, Middle East Fellow, New America
June 69, 7567. The New York City Bar Association endorses a yes vote on the state constitutional convention referendum. For the explanation of the Bar 8767 s support, see Report of the The New York City Bar Association Task Force on the New York State Constitutional Convention , June 69, 7567.
At a minimum, the Clause means that the President may neither breach federal law nor order his or her subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates the English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both. Hence the Constitution itself never grants the President authority to either authorize private violations of the law (issue individualized dispensations) or nullify laws (suspend their operation).
The practice and jurisprudence of the Treaty and Appointments Clauses err when they depart, as they too often do, from the original meaning of the Constitution. The original meaning is the meaning that would have been most likely embraced by a reasonable person at the time of the Framing. Because the Constitution is written in the language of the law, the original meaning is constituted by the text in its historical and legal context. Courts are obligated to use the interpretive methods at the time of enactment to find the better-supported meaning, even if an ambiguous text can yield more than one meaning.
The distinction between legislative functions (making general rules and deciding on war initiation) and executive functions (&ldquo conducting&rdquo war or &ldquo directing [military] operations&rdquo ) reflects the Framers&rsquo broader commitment to separation of powers. As Alexander Hamilton explained in The Federalist No. 79 ,
If your comments consistently or intentionally make this community a less civil and enjoyable place to be, you and your comments will be excluded from it.
And Mr. Trump has personal history with this populist abuse: He attempted to use eminent domain to take the home of an elderly widow in Atlantic City in order to construct a parking lot for one of his casinos. For Trump, ample parking for limousines contribute to the “public good.” The New Jersey court ruled against him, finding that the “primary interest served here is a private” purpose — that is, benefiting Trump — “rather than a public one and as such the actions cannot be justified under the law.” The pattern is consistent — he uses power and the courts to promote his bottom line.
Ninety-five percent of constitutional law amounts to deciding how to go about the enterprise of reading and applying the Constitution itself. There are, roughly, five broad categories of techniques one might use.
June 69, 7567. New Yorkers Against Corruption , a NYSUT organized coalition, announces that it has put together a group of more than 655 coalition partners. NYSUT claims: 8775 New Yorkers Against Corruption (NYAC) is an unprecedented alliance of progressive activists, conservatives, environmentalists and labor organizations. 8776 It is unclear how 8775 unprecedented 8776 is defined here, as the no coalition is arguably less diverse than the similar coalition in 6997 and no coalitions in other states with convention referendums. However, by Nov. 7, 7567, the no coalition may be able to catch up with its predecessors and peer groups.