Thursday video (correct link--sorry for the confusion, but it will give you a good preview for Evidence next semester). Panel # 5 Reax Papers due at 7 p.m. next Thursday.
We continue with Balance of Legislative and Executive Power: Domestic, starting with Justice Jackson's concurrence in Youngstown Steel. What are the three categories of executive power and what is the scope within in one? How has that framework been applied in Dames & Moore and Medellin and why? Then move to Foreign Affairs; what is the basis for the view that the President must have broad power in foreign affairs and what role does that leave Congress?
We then turn to Executive Power, which will be the beginning of Panel # 7; for Monday do Delegation and Vetoes and prepare to cover the rest on Thursday. Consider:
• What is the rationale behind the "non-delegation" doctrine? What must Congress do when delegating to the executive? How does delegation square with the various categories in Justice Jackson's Youngstown Steel concurrence?
• How does the ordinary lawmaking process work in light of the constitutional text? Why were legislative and line-item vetoes reject in Chadha and Clinton? Consider the differences between "formalism" reflected in the Chadha majority and "pragmatism" reflected in the Chadha dissent--which makes more sense in how government operates?
If you are reading for the week, read ahead and complete Dormant Commerce Clause. We will not get to it until late Thursday, but that is the long-term goal.
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