“Has the presidency grown so powerful that it’s thrown our constitutional balance out of whack?” These are the questions we will contemplate today. ACS Interim President Zinelle October opens our symposium. #ACSLawEvents
We need to reassert the proper powers of Congress, says @RepRaskin: "Because we live in a time of such untrammeled executive power, we need to develop a series of statutory frameworks to deal with this power." #ACSLawEvents
Now our first panel discussing “The Rise of the Unilateralist Presidency”featuring @KimberlyEAtkins, Hon. Brad Miller, Erica Newland, @vicnourse and Sai Prakash #ACSLawEvents
@KimberlyEAtkins@vicnourse Related reading! @vicnourse's issue brief for ACS arguing that Morrison v. Olson remains good law and that #SCOTUS has never embraced the radical theory of presidential power known as the “unitary executive” that Justice Scalia’s dissent championed: acslaw.org/issue_brief/br…
@KimberlyEAtkins@vicnourse Hon. Brad Miller: "I don’t think the Framers thought they were doing something for the ages. [Our government] has worked not because the design was so brilliant but because Americans have made it work." #ACSLawEvents
@KimberlyEAtkins@vicnourse Sai Prakash of @UVALaw argues that when Congress delegates rulemaking authority to the executive branch, it is essentially ceding legislative authority to the president. #ACSLawEvents
“I’m a big fan of ACS,” says #JehJohnson , Former Secretary of Homeland Security, beginning his keynote address . #Acslawevents
#JehJohnson: A vote to authorize war can be hazardous, and even fatal, to one’s political health. Collectively, members of Congress no longer want to take a hard vote on whether to go to war. #ACSlawevents
The War Powers Resolution should be repealed and replaced, argues #JehJohnson, recommending the War Powers Consultation Act introduced in 2014 which repeals the WPR and puts the onus on Congress to act. #ACSLawEvents#NationalSecurity
Lively Q&A with #JehJohnson regarding his experiences w/the extremely difficult matter of making decisions regarding the use of military force. #ACSLawEvents
On collateral damage from the #ImpeachmentTrial , @kateashaw1 argues the House should have sought expedited review from courts of subpoenas. Worry is that the executive branch will be emboldened
.@donaldonethics: Congress’s abdication of its oversight responsibility over the years shows the importance of good government groups like @CREWcrew , pointing to CREW’s swift action early on to sue the Trump administration over emoluments clause violations #ACSLawEvents
Zachary Price: There are structural, institutional dynamics of Congress - the need to build coalitions to govern and partisan interest among them - that create challenges in exerting power that the unitary presidency does not face. #SeparationOfPowers#ACSLawEvents
.@snlester: There are historical examples of both Congress and the president, in turn, misusing their power over trade. What we need to do is refine the balance between the two branches on trade powers. #SeparationofPowers#ACSLawEvents
ICYMI: “A More Perfect Union: The Future of Labor Law in a Post-COVID Economy” took place yesterday (1/7)
We need labor law reform. We need sector-wide solutions to address the multiple crises of the environment, the healthcare system, the economic crisis, said Nicole Berner of @SEIU (2/7)
Labor law has become an obstacle for workers to come together and countervail the power of corporations, said @sharblock (3/7)
In a new blog post on our expert forum, @MyConstitution’s David Gans explores California v. Texas, the latest attempt in the long-running effort by conservatives to strike down the entire Affordable Care Act bit.ly/3klf20x (1/5)
“Both Chief Justice Roberts and Justice Brett Kavanaugh—who together with the Court’s three more liberal Justices could form a majority—repeatedly stated that it would be inappropriate to strike down the statute as a whole.” (2/5)
Gans argues that while the Roberts Court is deeply conservative, for now it seems unwilling to upend settled legal principles to strike down the ACA. (3/5)
From our first issue brief by Kristina Silja Bennard back in 2005 (!) on the confirmation hearings of #RBG and answering questions while maintaining judicial impartiality (1/21)
Bennard: The hearings for #RBG in 1993 provide a good example of how a nominee balances her obligation of impartiality with the need to shed light on her fundamental views (3/21)
.@espinsegall in the ACS Expert Forum Blog: Judge Amy Coney Barrett stated during her confirmation hearings that she's an originalist, which is meaningless as it relates to interpretation, but suggests that she'll consistently cast conservative votes acslaw.org/expertforum/ju… (1/9)
There are conservative, moderate and liberal judges, but there are no originalist judges, Professor Segall argues (2/9)
In the 1970s and 80s, originalists like Robert Bork were opposed to judges overturning state & federal law absent a clear inconsistency with constitutional text (3/9)
ACS President @russfeingold released this statement as the Senate begins hearings for #SCOTUS nominee Amy Coney Barrett (1/8):
The illegitimate plan to seat another extremely conservative #SCOTUS justice will allow the Right to achieve their ultimate goal: locking down a supermajority that could last for a generation (2/8)
By doing so, the Right will effectively steal the future of the younger generation – and generations to come. This generation will not be able to forge its own way or make manifest the promises in our Constitution (3/8)