Separation of powers
52 Articles

The Cotton letter . . . and the Vice President’s response
I was thinking of offering a few thoughts on the growing contretemps regarding the letter to “the Leaders of the Islamic Republic of Iran” penned by Senator Cotton…

Legal Flaws in the 47 Senators’ Letter to Iran
Since John Marshall stated in Congress in 1800 that the President is the sole representative of the United States “with foreign nations,” it has been widely understood…

Rejecting the Bush Comparison: A Response to Goldsmith & Waxman
Jack Goldsmith and Matthew Waxman have written an interesting essay on President Obama’s war powers legacy, boldly titled “Obama, not Bush, is the Master of Unilateral War.”…

Impact(s) of the Boehner Lawsuit on the Separation of Powers in National Security
While there have been countless articles written on the House efforts to sue President Obama, few commentators have opined on the likely impact(s) of the House lawsuit on national…