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No: the founding fathers would be cheering

Article Abstract:

The Separate Enrollment and Line Item Veto Act of 1995 as passed by the Senate, which allows the president to veto portions of bills, would not violate the Constitution nor remove congressional power. Alexander Hamilton encouraged limitations on lawmaking, believing the bad bills that would be stopped would outweigh the good ones also stopped. Congress retains the power to change the rules and restore bundling of bills because the item veto is an internal rule. Therefore, the proposal should help restore popular control by allowing for the removal of unpopular provisions.

Author: Fein, Bruce
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Interpretation and construction, Laws, regulations and rules, Constitutional law, Constitutional interpretation, Item veto

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No: don't get down to cases

Article Abstract:

President Bill Clinton's pledge to use the Roe v Wade litmus test to select Supreme Court nominees poses the danger of politicizing the courts and would impugn the legitimacy of Supreme Court rulings. The Court would become less able to act as a check on the other branches of government and the wall separating law and politics would be breached.

Author: Fein, Bruce
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
Political activity, United States. Supreme Court, Political questions and judicial power

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Turn out lights on litmus tests

Article Abstract:

Issues are discussing regarding the errors of using litmus tests in judicial selection. Judicial independence is what makes separation of powers work and distinguishes the judicial from the political branches of government.

Author: Fein, Bruce
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2000
United States, Separation of powers

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Subjects list: United States, Analysis, Political aspects, Judicial selection
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