Thursday video (with transcript). Panel # 6 Reax Papers due at 7 p.m. Monday.
We continue with Separation of Powers, focusing on appointments and removal. Consider:
• What are the differences among the categories Farber & Siegel propose (principal v. inferior, inferior officer v. employee)?
• What are the purposes of the recess-appointments clause, how has it evolved, and what is left of it after Noel Canning?
• What is the theory of the unitary executive--what is the textual, structural, and historical basis for it?
• How does the theory of the unitary executive explain the debate over the removal power and limits on the removal power? Why might Congress limit the removal of certain officers? Can you glean coherent rules for what Congress can and cannot do to limit removal?
We then turn to State Power to Regulate, with Panel # 8. This will take us through next Thursday.
• What is the "Dormant Commerce Clause," why does it exist, and what is the argument that there is no such thing?
• Know the laws at issues in the various case, why those cases came out as they did, and what distinctions are at work?
• What is the difference between discriminatory intent and discriminatory effect? Why is one subject to less exacting review than the other?
• How does the Privileges & Immunities Clause connect with the DCC?
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