Appropriations Law and the Statutory Foreign Affairs Presidency
Congress’s authority over the purse is among its most potent powers.James Madison argued that it was “the most complete and… Continue reading →
Volume 172 (2023-2024)
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(Sub)Delegating National Security Powers
The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although these… Continue reading →
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The President’s Authority Over Cross-Border Data Flows
This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because… Continue reading →
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Economic Security and the Separation of Powers
The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign… Continue reading →
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Sanctions and the Emergency Constitution
The Trading with the Enemy Act of 1917—or the “TWEA”—is the precursor to the modern statutory sanctions framework of the… Continue reading →
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The Organs of U.S. Foreign Affairs
In United States v. Curtiss-Wright Export Corporation, the Supreme Court famously described the President as having “very delicate, plenary and… Continue reading →
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Major Questions About International Agreements
The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory… Continue reading →
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Foreign Affairs, Nondelegation, and Original Meaning: Congress’s Delegation of Power to Lay Embargoes in 1794
Originalist proponents of a tougher nondelegation doctrine confront the many broad delegations that Congress enacted in the 1790s by claiming… Continue reading →
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Foreign Affairs, Nondelegation, and the Major Questions Doctrine
Some of the Supreme Court Justices and scholars who support a reinvigoration of the nondelegation doctrine would allow for an… Continue reading →
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Bruen and the Gun Rights of Pretrial Defendants
New York State Rifle & Pistol Association v. Bruen announced a novel constitutional test for gun regulation. This test requires gun… Continue reading →