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By Peter Spiro

Bond v. United States and the Non-Use of the Treaty Power

by Peter Spiro

by Peter Spiro Has the federal government ever put Missouri v. Holland to work? I don’t think so, though I always hesitate to state it categorically. The Supreme Court’s 1920 decision in Holland squarely held that the Treaty Power adds something to other enumerated federal authorities. But there appears to be no instance in which […]

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NSA Files: An Emerging Human Right to Privacy?

by Peter Spiro

by Peter Spiro Josh Gerstein has this interesting piece at Politico on how the citizenship divide is breaking down as a defensible perimeter in the legal justification of electronic surveillance. It’s clear where the old reflex is coming from: lawyers steeped in a constitutional tradition that distinguishes citizens from foreigners (and US territory from foreign […]

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Anyone Else Wistful for the Good Old Days, in Which Presidents Went It Alone?

by Peter Spiro

by Peter Spiro You never know, President Obama might turn things around. On the other hand, things sound bad on the Hill. The Administration would have to run the table to get a yes-vote from both houses of Congress (it’s uphill even in the Senate). It may not be too early to start writing the post-mortems. […]

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Corker’s Revenge (The War Powers Resolution Lives!)

by Peter Spiro

by Peter Spiro The Senate has a draft resolution authorizing the use of force in Syria up for mark-up today, which you can find here. In its key operative provision, the resolution authorizes the use of force to 60 days only, subject to a 30-day extension upon a presidential certification of “extraordinary circumstances.” If Congress doesn’t extend […]

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