Author: David R. Lowell
Publisher:
ISBN:
Category :
Languages : en
Pages : 87

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Author: Patricia L. Bellia
Publisher:
ISBN:
Category :
Languages : en
Pages : 53

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Youngstown Sheet amp; Tube amp; Co. v. Sawyer, in which the Supreme Court invalidated President Truman's seizure of the nation's steel industry, has tremendous rhetorical and symbolic significance in justifying judicial policing of executive action in a range of contexts. Yet as a matter of doctrine, it is difficult to see why the case occupies this position. The decision leaves open a major question about executive power - whether the President can ever claim a nontextual constitutional power to act in an emergency absent, or even contrary to, congressional action. Even the most enduring opinion of the case, Justice Jackson's concurrence, can support both narrow and broad judicial constructions of presidential power.The story of the Steel Seizure case provides important context for modern readers who might perceive a chasm between what the decision stands for and what it says. In resolving the Steel Seizure case, the district court and the Supreme Court could have avoided deciding the underlying constitutional question at several turns. That fact is significant. After the executive branch's own actions provoked the district court to forcefully reject the government's claims, the government moderated its claims, thus inviting the Supreme Court to uphold the seizure on narrow factual grounds. The significance of the Steel Seizure case lies in part in the fact that the Court chose to forgo this path. In celebrating the Steel Seizure case's implications for the judiciary, however, we should not overlook its messages to the political branches, particularly the messages of Justice Jackson's concurrence. The concurrence is famous for the framework it supplies for courts to evaluate presidential power claims - a framework that turns out to be less robust in theory and more malleable in practice than those who celebrate it might prefer. The concurrence's most pointed messages about how to preserve the balance of power between Congress and the President, however, are directed to the political branches. The story of the Steel Seizure case holds lessons not only for those who decide separation of powers questions, but also for those who generate them.

Author: William B. Lockhart
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1078

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Author: Dennis Merrill
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 642

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Author: Jesse H. Choper
Publisher: Quid Pro Books
ISBN: 1610271718
Category : Political Science
Languages : en
Pages : 441

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As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.

Author: Richard K. Gardner
Publisher:
ISBN:
Category : Best books
Languages : en
Pages : 968

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Author: William C. Louthan
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 260

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"The texts are compiled from books published in the nineteenth and twentieth centuries and mostly unavailable outside rare book collections; articles from the African newspaper The Kenya Post of 1939; and an unpublished essay written especially for this book by Jocelyn Murray, a missionary to the Kikuyu, who was in Kenya during "The Emergency."".

Author: Charles Sawyer
Publisher:
ISBN:
Category : Industrial policy
Languages : en
Pages : 486

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Author:
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 640

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Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 632

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