(Download) "Clear Statement Rules and Executive War Powers (Separation of Powers in American Constitutionalism)" by Harvard Journal of Law & Public Policy " eBook PDF Kindle ePub Free
eBook details
- Title: Clear Statement Rules and Executive War Powers (Separation of Powers in American Constitutionalism)
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 272 KB
Description
The scope of the President's independent war powers is notoriously unclear, and courts are understandably reluctant to issue constitutional rulings that might deprive the federal government as a whole of the flexibility needed to respond to crises. As a result, courts often look for signs that Congress has either supported or opposed the President's actions and rest their decisions on statutory grounds. This is essentially the approach outlined by Justice Jackson in his concurrence in Youngstown. (1) For the most part, the Supreme Court has also followed this approach in deciding executive power issues relating to the war on terror. In Hamdi v. Rumsfeld, for example, Justice O'Connor based her plurality decision, which allowed for military detention of a U.S. citizen captured in Afghanistan, on Congress's September 18, 2001, Authorization for Use of Military Force (AUMF). (2) Similarly, in Hamdan v. Rumsfeld, the Court grounded its disallowance of the Bush Administration's military commission system on what it found to be congressionally imposed restrictions. (3)
 "Clear Statement Rules and Executive War Powers (Separation of Powers in American Constitutionalism)" by Harvard Journal of Law & Public Policy " eBook PDF Kindle ePub Free){kind=link}