Senators cannot be choosers
Article Abstract:
Senators have no constitutional authority to do anything other than ratify or turn down a president's judicial selection. Alexander Hamilton stated as much in Federalist Paper Number 76. Accordingly, President Bill Clinton should reassert his absolute power over federal judicial appointments by taking certain steps. He should refuse to consult with the Senate over possible judicial nominations. He should select federal judges from a national pool rather than from the place where the vacancy is. He should use his recess appointment power when Senate confirmation is taking too much time.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Just say no to 'Stealth' amendment
Article Abstract:
The 27th Amendment to the Constitution, forbidding a congressional pay raise unless an election has intervened, was proposed in 1789 but not ratified by the last state until May 8, 1992, and approved by congressional majorities on May 20 of the same year. The amending process in Article V of the Constitution is difficult for a reason, and circumventing it by the resurrection of amendments which never obtained enough state ratifications is not a good idea. Congress should not have accepted the ratifications and they should not be binding on the courts.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Way to end abortion dilemma?
Article Abstract:
The Freedom of Choice Act would, if passed, be a federal guarantee to women of their right to an abortion. Attempting to solve this problem at the federal level denies states their 10th Amendment right to legislate about non-enumerated rights and powers. This 10th Amendment argument provides a reason not only to reject the Freedom of Choice Act but also to reverse Roe v Wade.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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