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Thursday, July 10, 2008 - Posts

  • The Imperial Presidency Lives!


    Jack, I want to add a small addendum to your post . There is a big difference between the president asking for a power and Congress granting it to him, and the president claiming a power for himself and Congress acquiescing. Critics of the Bush administration Read More...
  • Arlen Specter: "Read the Constitution? That's a court's job, not a Senator's"


    This week's passage and enactment of the FISA amendments ( H.R. 6304 ) was not without controversy (obviously), but I was particularly struck by an aspect of the story that's received remarkably little attention: Sen. Arlen Specter sponsored an amendment Read More...
  • The New FISA Law and the Construction of the National Surveillance State


    We have been covering the features of the new FISA act over at Balkinization ( here , here , here , and here ), and I won't repeat that analysis here. I continue to think that the new procedures in Title I are far more worrisome than Title II, the immunity Read More...
  • War Powers Consultation Act


    Suppose you think that Congress should have more say over war-making, as James Baker, William Christopher, and their bipartisan commission do , and the president less. Would your new War Powers Consultation Act do this? Our proposed statute would provide Read More...
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