• President vs. Congress: Does the separation of powers still work? (1980) | ARCHIVES
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    President vs. Congress: Does the separation of powers still work? (1980) | ARCHIVES

    Announcer: From the nation’s capital, the American Enterprise Institute for Public Policy Research presents Public Policy Forums, a series of programs featuring the nation’s top authorities presenting their differing views on the vital issues which confront us. Today’s topic, president vs. congress, does the separation of powers still work? John Charles Daly: Nearly 200 years ago, our founding fathers in the Federalist argued that the accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny. The preservation of liberty requires that the three great departments of…

  • Adam White: Is Congress Afraid of Power?
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    Adam White: Is Congress Afraid of Power?

    Often times with think about the Executive Branch or the agencies taking power away from Congress, and it’s true that’s an important problem, but the more important problem is Congress giving away its own power. And why does Congress give away its power? Because it’s scared of accountability. But ultimately, our constitutional system relies on Congress being accountable, and the people making Congress accountable. Madison envisioned a system in which the problems of republican government would have republican remedies.” Not administrative remedies, not technocratic remedies, not judicial remedies, but republican remedies. Madison and the Framers expected that ambition would counteract ambition, that that was a core part of our functioning…

  • Supreme Court Roundup: October Term 2018 [SCOTUSbrief]
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    Supreme Court Roundup: October Term 2018 [SCOTUSbrief]

    This was an interesting term. Not as many blockbusters, necessarily, as-as in past years, but plenty to chew on, and there are individual videos about the-the biggest cases. I want to talk about three others that might get overlooked. Knick was the biggest property rights case of the term, probably the biggest property rights case in some time. Even though it was a procedural case, that is, it was about whether you have to first go to state court to bring your claim that the local government has taken your property in violation of the Fifth Amendment, or whether you can go straight to federal court. Rose Mary Knick said…

  • Executive Power Over Immigration [2017 Annual Texas Chapters Conference]
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    Executive Power Over Immigration [2017 Annual Texas Chapters Conference]

    Good morning, my name is Aaron Streett. I’m the president of the Houston lawyers chapter, and it’s my privilege to welcome you to the 2017 Texas Chapters Conference. It’s meaningful to host this event in Houston just weeks after Hurricane Harvey visited disaster on our city. Moving forward with events like this illustrates Houston’s resilience and reminds us that while we have a lot of work ahead of us, we are all on the road to full rebuilding and recovery. We are honored this morning to present a distinguished slate of panels, capped off with a keynote address by Senator John Cornyn. The panels focus on a debate that is…

  • Is the Modern Congress Doing More Harm Than Good?
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    Is the Modern Congress Doing More Harm Than Good?

    Welcome, or welcome back as the case may be. This is our panel, uh, posing the question, “Is modern Congress doing more harm than good?” I’m Dean Reuter, uh, vice president, general counsel, and director of practice groups here at the Federalist Society. It’s my pleasure to welcome you. I’m al- I’m also moderating this panel. Um. We’re going to have opening remarks from each of our four panelists beginning at that end of the table and moving this way of eight to 10 minutes. Uh, then, as always, we’ll have a little discussion and we’ll be looking to the audience for questions. So, think of, think of those questions,…

  • What is absolute immunity? [POLICYbrief]
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    What is absolute immunity? [POLICYbrief]

    The President enjoys absolute immunity from civil damages liability for his official acts as President. The Founders never gave particular voice in the Constitution to a provision that explicitly immunized the President, but the Supreme Court has determined that the Constitution was intended to do so. Nixon against Fitzgerald was a landmark case, really establishing the absolute immunity of the President. The case was brought by a former Air Force analyst, who was fired from his job, he said, in retaliation for, uh, certain controversial congressional testimony he gave, that was critical of a certain Air Force program. The Supreme Court held that the civil damages action he brought could…

  • Executive Power under the Constitution
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    Executive Power under the Constitution

    People often say they want a strong president who can get things done. But that’s pretty much the exact opposite of what the founding fathers set up under the Constitution. Because of their experience with colonial governors and the who ruled with almost complete and total authority, the Founding generation was determined to limit the power of the executive branch. They certainly didn’t want a president who could make law with the stroke of a pen. As Revolutionary War general John Sullivan put it, “I can by no means consent to lodging too much power in the hands of one person.” So to ensure the president wouldn’t rule over the…

  • By Virtue: Three Executive Orders that Shaped American Law
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    By Virtue: Three Executive Orders that Shaped American Law

    Ninety-six to ninety-nine percent of executive orders and proclamations are going to be non-controversial. One really can’t, you know, say categorically “Executive orders are good,” or “Executive orders are bad,” or “They tend to be legal,” or “They tend not.” You just, you have to look at the facts. A lot of the times the claims against executive orders are really claims against the presidency and the president’s powers in general. Just the order happens to be the way they’re carried out. What really matters is the number, and it may only be a handful, it may only be five that are illegal. That’s what defines whether a president is…

  • Mises Weekends Live! Allen Mendenhall on our Terrible Supreme Court
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    Mises Weekends Live! Allen Mendenhall on our Terrible Supreme Court

    This is Mises Weekends with your host Jeff Deist. (Loud and enthusiastic applause) That was, that was pretty well trained. That was like, that was like a sitcom audience right there. But, anyway. It is the weekend of our Supporter Summit and as you can see, we’re filming Mises weekends live. Our topic this week is the Supreme Court. We just couldn’t avoid it with everything that’s been going on with Kavanaugh and this really horrible politicization of everything we’ve seen. So, our guest is a friend of mine Allen Mendenhall. Some of you have seen him on the show before talking about recent Supreme Court nominees. He’s an Associate…

  • President Trump: Mueller probe ‘not even constitutional’
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    President Trump: Mueller probe ‘not even constitutional’

    ROUNDS SAYING THE PRESIDENT COULD PARDON HIMSELF BUT HE WOULDN’T. ED HENRY LIVE AT THE WHITE HOUSE WITH THE STORY. HI, ED.>>IT’S GREAT TO SEE YOU. PRESIDENT TRUMP RAISING THE STAKES TONIGHT BECLAIRING THE PERSON COUNSEL PROBE IN HIS WORDS — BY DECLARING THAT THE SPECIAL COUNSEL’S PROBE IS UNCONSTITUTIONAL AND HE WOULD PARDON HIMSELF IF HE WANTS THERE. MAY BE CLASHES AHEAD WITH MUELLER AND THE CONGRESS AND THE SUPREME COURT AS WELL. THE PRESIDENT MADE CLEAR HE DOES NOT EXPECT TO PARDON HIMSELF BECAUSE HE SAYS HE HAS DONE NOTHING WRONG. CLOSELY MATCHING THE MESSAGE OF THE WEEKEND OF THE LEAD ATTORNEY RUDY GIULIANI WHO RAISED THE SPECTER…