Can the House Sue the President (More Seriously this Time)?

I can accept, as an original matter, the general proposition that the “Case or Controversy” language means at minimum that everyone can’t sue everyone for everything. How modern standing law derives its particular intricacies from this basic proposition is a mystery to me. But that doesn’t matter in this case, which seems fundamentally about an abstract injury common to everyone.

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The President Does Not Have the Constitutional Power to Order Air Strikes in Iraq

The answer, in my view, depends on whether the U.S. can be “at war” with a non-state actor such as the Sunni rebel force in Iraq.  Here’s my analysis: (1) The President has executive power and commander-in-chief power, and thus can direct the military and conduct foreign relations, so long as he does not do…

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Presidential Oversight Board Declares NSA Metadata Collection Illegal

On Jan 23, less than a week after the president released his changes, the PCLOB released a report which declared the bulk collection of metadata approved by the FISC to be unconstitutional and that the illegal practice ought to be immediately discontinued.

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