Separation of Powers Law: Cases and Materials
Presidential impeachment, Bush v. Gore, the authorization for military tribunals to try American civilians for criminal offenses, executive privilege squabbles with courts and Congress, the rise and fall of the line-item veto — it is impossible to overstate the significance of the inter-branch confrontations that have promised to revolutionize separation of powers understandings since the mid-1990s.In Separation of Powers Law, Second Edition, Professors (and former law deans) Shane and Bruff have updated their treatment of this critical area to encompass these and other dramatic issues, such as the impact of 9/11 on the law of electronics surveillance and the capacity of the executive branch to withhold sensitive information on national policy grounds. The books retains its clear structure and historical perspective, plus an emphasis on the ethical challenges posed for constitutional lawyers in the executive and legislative branches seeking to address novel constitutional issues in professionally appropriate ways.The authors continue to introdcue key episodes not only through judicial decisions, but also through administrative orders and memoranda, opinions of the Attorney General and the Office of Legal Counsel, and legislative documents, presenting a broad spectrum of the kinds of legal materials that government lawyers actually consult.
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Government in Colonial America
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action administrative agency alleged amendment appointment Appointments Clause appropriate argued argument Article Attorney authority bill budget civil claims Clause Clinton Commission Committee congressional constitutional constitutionally Convention Court of Appeals criminal D.C. Cir debate decision defendants delegation Department discretion District Court doctrine duties effect enacted enforcement Executive Branch Executive Order executive power executive privilege exercise Framers functions grant gress Humphrey's Executor immunity impeachment independent counsel involved issue judges judgment judicial review judiciary jurisdiction Justice legislative veto limited litigation mandamus ment national security Nixon OIRA opinion petitioner plaintiffs pocket veto political President President's power presidential procedure prosecution protect question recess appointment regulations regulatory removal require responsibility role rulemaking rules secrets privilege Senate separation of powers specific statute statutory subpoena Supreme Court T]he tion tional tive treaty United vested violation vote White House William Jefferson Clinton