Constitutional law - bill of attainder - Fifth Circuit holds that the special provisions of the Telecommunications Act of 1996 are not a bill of attainder - SBC Communications, Inc. v. FCC
Article Abstract:
The US Court of Appeals for the 5th Circuit in SBC Communications, nc. v. FCC failed to question the applicability of attainder protections to firms contesting particularized economic legislation. This raises the possibility of future bill of attainder attacks on economic legislation in the telecommunications industry. The court should have stated that the Constitution's bill of attainder clauses are intended to protect political minorities from legislative punishment and not to address economically motivated laws enacted against politically emplowered corporations.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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Executive revision of judicial decisions
Article Abstract:
The judicial branch has asserted that executive revision of judicial decisions is inconsistent with the separation of powers doctrine in Article III, but many practices support the argument that the executive branch has discretion in enforcing judgments that are favorable to the government. Executive discretion that is exercised in benign fashion is similar to the pardon power explicitly granted to the executive branch by the Constitution. Maintain this discretion serves to minimize the unjust results of cases such as Lobue v. Christopher.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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