Alexander Hamilton's writings, virtually alone among the framers, were invoked by President George W. Bush and his legal advisors as the cornerstone of the administration's assertions of sweeping executive powers in the areas of war and peace and national security. The Bush administration's conscription of Hamilton to justify its soaring claims of presidential power, however, represents a distortion and abuse of his views of the latter president's views, particularly those expressed in The Federalist Papers. With the loss of Hamilton as an intellectual pillar, President Bush's theory of a plenary executive power finds no support among the framers. Analysis of Hamilton's writings will repair his undeserved reputation as an apologist for expansive executive powers.
The Market-Participant Exception: A Primer II. The Market-Participant Exception Applied To The Foreign Commerce Clause A. History B. Interference with Federal Foreign Relations Powers 1. The Framers` View 2. Congress`s Foreign Affairs Power 3. The President`s Foreign Relations Power C. Failures of the Traditional Market-Participant Justifications 1. Fairness 2. Federalism 3. Participation versus Regulation 4. Textualism 5. The Supremacy Clause and Institutional Concerns III. A Problem Of Consistency? IV. The Future Conclusion
Halloran reviews by James Kitfield.
... that it would be in this country's foreign policy interests for the foundation to be the excl... HVIRA did not violate the federal foreign affairs power. Held: California's HVIRA interferes with ...
Throughout the last quarter of a century, the United States has frequently withheld the dues it owes the United Nations. Both Congress and the President have, alternatively, instigated the withholdings. The U.S. government has often made payment of its U.N. dues contingent on the United Nations accomplishing certain specific tasks. The most recent example of such contingent withholdings was the Henry J. Hyde United Nations Reform Act of 2005, passed by the House of Representatives on June 17, 2005. The Hyde Act was a congressional attempt to "force" the United Nations to reform by making the United States' payment of U.N. dues contingent on a series of extensive reforms. Although the Hyde Act did not pass in the Senate, the controversy created by its passage in the House demonstrates th...
... the Constitution to conduct the Nation's foreign affairs." . - Bush Administration 2 . "[W]ith a...
The George W. Bush administration will long be remembered for its constitutional and legal arguments on behalf of exclusive and inherent executive power. In its extreme form, this uncompromising effort appears to have failed, and may even have pushed the judicial branch to limit executive authority and return to a more traditional insistence on interbranch cooperation in foreign affairs. Ironically, the Bush-Cheney legal legacy ultimately will depend on the Barack Obama administration's public commitments and legal arguments, but early evidence suggests that President Obama's assertions of executive power will rest less on assertions of constitutional prerogative, and more heavily on statutory delegation as well as long-standing judicial precedent.
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