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Congress

The McCaul-Warner Digital Commission Can Be a Value-Add. Here’s How.

On February 29, 2016, Homeland Security Committee Chairman Michael McCaul and Senator Mark Warner, a bipartisan team, introduced legislation to create a National Commission on Security and Technology Challenges; a “Digital Commission.” In support of their effort, McCaul and Warner secured over 30 co-sponsors, as well as support from several former senior national security officials, law enforcement representatives, industry associations, and technolog

Iran

Why Congress Is Effectively Powerless To Stop The Iran Deal (and Why The Answer is Not the Iran Review Act)

Critics are once again blaming the Iran Nuclear Agreement Review Act for Congress’s inability to stop the President from implementing the Iran deal.   This position is not just wrong, but dangerous, since it deflects attention from the true causes of the predicament Congress finds itself in.  

Executive Power

The Indeterminacy of Zivotofsky’s Exclusivity Analysis

Zivotofsky was expected to make a valuable contribution in the form of its analysis of the scope of exclusive executive power. But the Court failed to set forth a compelling or clear method of deciding exclusivity, and instead, it chose to rely on a variety of indeterminate sources. This approach is troubling for many reasons, not least because it opens the door to problematic “functional” analyses of the type exemplified by Zivotofsky itself.

Executive Power

Summary of the Court’s Opinion This Morning in Zivotofsky v. Kerry

This morning, the U.S. Supreme Court engaged deeply in Zivotofsky v. Kerry with significant questions implicating foreign relations law and the separation of powers, and—perhaps surprisingly—provided some illuminating answers. Lawfare has drafted a summary of the Court's 93-page opinion.

Executive Power

Why Zivotofsky Is a Significant Victory for the Executive Branch

The Supreme Court in Zivotofsky held that the President can disregard a statute that requires him to designate “Israel” on passports of U.S. citizens born in Jerusalem because the statute infringes on the President’s exclusive power to recognize foreign sovereigns. It is very unusual for the Court to give the President a victory in defiance of a congressional restriction, and it is literally unprecedented for the Court to do so in the foreign relations context, as the Chief Justice noted in the first sentence of his dissent.  This is one important feature of the case.

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