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BOOK EXCERPT:
According to the US Constitution, if a bill is not returned to Congress by the president within ten days of receiving it and Congress has adjourned, the bill is effectively vetoed. The so-called pocket veto dates at least as far back as the presidency of James Madison (1808–1816), but the constitutionality of its use had not been considered by the Supreme Court until Okanogan Tribe et al. v. United States was decided in 1929, during the last year of Chief Justice Taft’s tenure. Despite responding to a situation in American Indian law, the Pocket Veto Case is notable for the fact that its final decision had nothing whatsoever to do with Indian law. The Okanogan Tribe is barely mentioned at all in the Court’s unanimous opinion, delivered by Justice Edward Sanford, which ultimately concluded that the pocket veto is a constitutional exercise of presidential authority. The Unusual Story of the Pocket Veto Case explores the underlying tension between congressional authority and the executive prerogative. Especially today, with such tension very much in evidence, it becomes all the more important to understand how and why the Constitution actually appears to encourage it. Studying Okanogan Tribe et al. v. United States and use of the pocket veto provides an excellent example of the tension between Congress and the president.
Product Details :
Genre |
: Law |
Author |
: Jonathan Lurie |
Publisher |
: University Press of Kansas |
Release |
: 2022-06-30 |
File |
: 186 Pages |
ISBN-13 |
: 9780700633395 |
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BOOK EXCERPT:
Before she became the “Notorious R.B.G.” famous for her passionate dissents while serving as an associate justice of the United States Supreme Court, Ruth Bader Ginsburg made her most significant contributions as a lawyer who litigated cases on gender equality before the high court in the 1970s. Beginning with Reed v. Reed (1971)—for which Ginsburg wrote her first full Supreme Court brief, and which was the first time the Court held a sex-based classification to be unconstitutional—Ginsburg became known for her work on the issue of gender equality. For Ginsburg, this was not merely a matter of women’s rights; several of the cases she argued concerned gender equality for men, beginning with Moritz v. Commissioner of Internal Review (1972). Ginsburg established the Women’s Rights Project at the ACLU in 1972 and coedited the first law school casebook on sex discrimination as a professor at Columbia Law School. During the rest of the decade, until President Carter appointed her for the US Court of Appeals in 1980, she litigated cases that further developed gender equality jurisprudence on the basis of the Equal Protection Clause and Title VII of the Civil Rights Act of 1964. Drawing on interviews with RBG herself and those who knew her, as well as extensive knowledge of the cases themselves, Philippa Strum has provided a legal history of Ginsburg’s landmark litigation on behalf of women’s rights and gender equality. Those cases changed the meaning of the Fourteenth Amendment and, along with two Supreme Court cases of the 1980s and 1990s (Mississippi v. Hogan and U.S. v. Virginia), remain the foundation of constitutional gender jurisprudence today. On Account of Sex shows why RBG became the rock star of the legal world and gives readers an accessible guide to these widely forgotten but momentous decisions.
Product Details :
Genre |
: Biography & Autobiography |
Author |
: Philippa Strum |
Publisher |
: University Press of Kansas |
Release |
: 2022-06-23 |
File |
: 206 Pages |
ISBN-13 |
: 9780700633432 |
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BOOK EXCERPT:
In 1993, José Medellín, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his right to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and Medellín, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide “review and reconsideration” of the convictions and sentences of the fifty-two Mexican nationals. Armed with this new decision, Medellín sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6–3 decision ruled in favor of Texas and against Medellín in June 2008. Medellín was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of Medellín v. Texas, showing how the Court’s 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings—trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ’s judgment and to withdraw from the Optional Protocol to the Vienna Convention that granted the ICJ jurisdiction.
Product Details :
Genre |
: Law |
Author |
: Alan Mygatt-Tauber |
Publisher |
: University Press of Kansas |
Release |
: 2022-08-31 |
File |
: 212 Pages |
ISBN-13 |
: 9780700633616 |
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BOOK EXCERPT:
Goldwater v. Carter tells the story of the Supreme Court ruling that upheld President James Earl Carter’s unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People's Republic of China. Senator Barry Goldwater and other members of Congress brought a lawsuit against Carter, arguing that the president needed Senate approval to take this action. President Carter’s actions in recognizing the Peoples’ Republic of China were both a continuation of a process begun by President Richard Nixon and a milestone in foreign policy that survived legal and political intervention. In their decision, the Supreme Court placed the removal of the United States from treaties squarely in the political, rather than the constitutional, arena. Goldwater contended that if Carter could withdraw from the treaty with Taiwan, then another president could theoretically withdraw from NATO and thereby endanger the global political order. Ironically, years later President Donald Trump, who stood in the mold of Goldwater’s brand of conservatism, posed this very threat. Joshua Kastenberg places the case of Goldwater v. Carter in the larger context of executive power. While presidential power had increased in the wake of FDR’s New Deal, Congress curbed this expansion during the Vietnam conflict, placing restrictions on the presidency in areas of foreign policy and national security that had not been seen since the defeat of the League of Nations in the Senate in 1919. The Court’s decision in favor of Carter, however, marked a return to the growth of the “imperial presidency,” which has only continued to expand.
Product Details :
Genre |
: Law |
Author |
: Joshua E. Kastenberg |
Publisher |
: University Press of Kansas |
Release |
: 2023-09-08 |
File |
: 224 Pages |
ISBN-13 |
: 9780700635474 |
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BOOK EXCERPT:
Product Details :
Genre |
: Government publications |
Author |
: United States. Superintendent of Documents |
Publisher |
: |
Release |
: 1929 |
File |
: 1084 Pages |
ISBN-13 |
: UIUC:30112042502903 |
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BOOK EXCERPT:
Product Details :
Genre |
: Government publications |
Author |
: United States. Superintendent of Documents |
Publisher |
: |
Release |
: 1928 |
File |
: 982 Pages |
ISBN-13 |
: IOWA:31858045747148 |
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BOOK EXCERPT:
The Guide to the Presidency is an extensive study of the most important office of the U.S. political system. Its two volumes describe the history, workings and people involved in this office from Washington to Clinton. The thirty-seven chapters of the Guide, arranged into seven distinct subject areas (ranging from the origins of the office to the powers of the presidency to selection and removal) cover every aspect of the presidency. Initially dealing with the constitutional evolution of the presidency and its development, the book goes on to expand on the history of the office, how the presidency operates alongside the numerous departments and agents of the federal bureaucracy, and how the selection procedure works in ordinary and special cicumstances. Of special interest to the reader will be the illustrated biographies of every president from Washington to the present day, and the detailed overview of the vice-presidents and first ladies of each particular office. Also included are two special appendices, one of which gathers together important addresses and speeches from the Declaration of Independence to Clinton's Inaugural Address, and another which provides results from elections and polls and statistics from each office.
Product Details :
Genre |
: Political Science |
Author |
: Michael Nelson |
Publisher |
: Routledge |
Release |
: 2015-05-01 |
File |
: 1773 Pages |
ISBN-13 |
: 9781135914622 |
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BOOK EXCERPT:
Powers of the Presidency, second edition, thoroughly examines the formal and inherent powers of the nation's foremost elected office. Beginning with a look at the constitutional origins of presidential power, each chapter traces the historical development of presidential authority up to contemporary times.
Product Details :
Genre |
: Biography & Autobiography |
Author |
: Congressional Quarterly, inc |
Publisher |
: CQ-Roll Call Group Books |
Release |
: 1997 |
File |
: 308 Pages |
ISBN-13 |
: UCSC:32106014499377 |
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BOOK EXCERPT:
Product Details :
Genre |
: Finance |
Author |
: |
Publisher |
: |
Release |
: 1929 |
File |
: 868 Pages |
ISBN-13 |
: STANFORD:36105015713600 |
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BOOK EXCERPT:
This reference work for the layman describes the origins of the Court; the Court and the Federal System; individual rights and liberties; Court administration; members of the Court; and major decisions made by the Supreme Court.
Product Details :
Genre |
: Political Science |
Author |
: Congressional Quarterly, inc |
Publisher |
: Washington : Congressional Quarterly, Incorporated |
Release |
: 1979 |
File |
: 1050 Pages |
ISBN-13 |
: MINN:31951001034033G |