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The way the Justice Department and the FBI carried out the congressional raid was itself reckless and foolish and a clear affront to Congress, setting an extraordinarily dangerous precedent.
Join the Federalist Society and AEI for a panel discussion of John Yoo and Julian Ku's new book, where Martin Flaherty of the Fordham University School of Law and Jeremy Rabkin of the George Mason University School of Law will join the authors in a discussion of their proposals and whether they are faithful to our Constitution, our history and our international law obligations.
Written by a leading advocate of executive power and a fellow Constitutional scholar, "Taming Globalization" promises to spark widespread debate.
A principled undue hardship defense reconciles separation of powers with the need for flexibility when a statute applies to a situation of a sort not contemplated by the legislature.
Does the separation of powers still work?
Looks like the isolationist wing of the Tea Party movement has gotten a little traction on the question of war powers. Yesterday, the Senate voted to table a motion--introduced by Sen. Rand Paul--to declare as the sense of the Senate that "The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation."
Pending legal challenges to the Patient Protection and Affordable Care Act are about much more than just the constitutionality of an individual mandate to purchase health insurance.
Liberals typically erupt in outrage if you suggest they don’t respect or understand the Constitution, let alone defend it. But then they let slip that in fact they really don’t respect or understand the Constitution.







