Missouri Bill Seeks to Effectively Nullify Obama’s Executive Orders

A bill prefiled for introduction in the Missouri State House for 2015 could effectively nullify federal executive orders signed into existence by the President. House Bill 255 (HB255), by State Rep. Tim Remole (R-Excello), seeks to rebuke what is seen by many as federal lawlessness from the executive branch. The full text of the bill is as follows: Any…

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James Madison on “Parchment Barriers” and the defense of liberty

Although in the Federalist Papers James Madison urged ratification of the U.S. constitution, he was also concerned about things it left undone. He thought that many of his contemporaries were too focused on the threats posed by the executive branch, which he thought understandable given the fact that they had just fought a revolutionary war against…

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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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