Julian Ku on the Constitution and the Iran Deal

At Opinio Juris, Julian Ku defends the constitutionality of the Iran deal (expanding on his discussion in this podcast from the National Constitution Center [also featuring David Rivkin]). He makes two arguments: First, the terms of the agreement, which describe its obligations as “voluntary”, indicate that it is a nonbinding “political commitment”.  Even the UN Security…

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Two Reasons the Iran Deal Is Unconstitutional

In sum, the Iran deal is unconstitutional (a) because the President has not taken sufficient action to assure that it is nonbinding under international law, and (b) even if it is nonbinding under international law, it should be only a commitment of the current President and should not purport to be an undertaking of future Presidents for whom the current President cannot speak.

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Does Congress Have Power to Regulate Late-Term Abortion?

Glenn Reynolds and Jonathan Adler say no.  Here’s Professor Adler: The U.S. of House of Representatives is preparing to consider a bill — the Pain-Capable Unborn Child Protection Act (PUCPA) — that would prohibit most abortions performed after 20 weeks from conception.  … … [E]ven if one assumes that a prohibition on post-20-week abortions would be constitutional if enacted by a…

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