Monday video (no transcript); with transcript. Panel # 5 Reax Papers due at 7 p.m. Thursday; Panel # 6 Reax Papers due at 7 p.m. next Monday. Again, here is the registration link for the Constitution Day panel.
We continue with the Line Item Veto in Clinton v. New York. Consider which position is taking a formalist approach and which is taking a functionalist approach in that case. How is the "cancellation" allowed in this law different from the President not spending appropriated funds--does it "make a dime's worth of difference"?
Then move to Executive Immunity and Appointments; note the cases on the blog--Vance and Mazars for immunity and Seila Law for appointments. Consider:
• What is the theory of the unitary executive? What is the textual basis for it? How does that explain the cases in these areas, especially appointments and removal?
• When and why can Congress limit the President's power to remove an executive official? Why would Congress want to limit presidential power to remove an official?
• Why did the Court seem to make it easier for the District Attorney in Vance to obtain documents than for Congress in Mazars?
• Does the President (and the rest of the Executive Branch) have some form of immunity and what is the scope and nature of that immunity?
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