executive agreement as without any foundation in the Constitution's text (p. 188), a kind of wink... more executive agreement as without any foundation in the Constitution's text (p. 188), a kind of winking conspiracy with which Congress is said to be "complicit" (p. 20). It would be far more satisfactory to positively tie executive agreements to the Constitution's text. One cannot read the treaty clause out of the Constitution, but neither does the treaty clause trump everything else. Substituting executive agreements for treaties does indeed represent a kind of institutional bargain and "shared power." But in another sense, the two types of executive agreements are rooted in the Constitution's delegation of distinct executive and legislative powers (plural). Congress's powers to legislate for commerce and post roads, for example, have been the basis for statutory agreements from the North Atlantic Free Trade Agreement to an 1890 Tariff Act to a 1792 postal convention. Executive powers granted to the president are also the legal basis for sole executive agreements, back to a 1799 claims settlement. While the number of executive agreements has increased over time, their legal basis has remained clear and constant: the substantial but finite powers of Article I and Article II. The flip side of this principle is that a full treaty is legally required for an international agreement that exceeds these ordinary powers (cf. Missouri v. Holland). Krutz and Peake admit that extradition must be authorized by a treaty because extradition lies "outside of Article I" (p. 167), which, alone, explains why all extradition agreements since 1794 have been treaties. They do not take the next step, however, to observe that a fluid, Neustadtian Constitution does not accommodate such a bright line. All the comity and interbranch deference in the world cannot overcome the fact that the Constitution creates executive and legislative institutions with limited delegated powers. Although the rise of executive agreements seems to challenge the treaty clause, this important work confirms that the clause has not become the Constitution's vermiform appendix, that inter-and intrabranch politics remain quite strong, and that executive agreements are compatible with the separation of powers. But defending the Senate's prerogatives with conviction requires more than mere tradition or comity. It requires a sense that the treaty clause remains legally meaningful.
WISE COMMENTATORS have long evaluated books and bookmaking. Man builds no structure which outlive... more WISE COMMENTATORS have long evaluated books and bookmaking. Man builds no structure which outlives a book, wrote Eugene Fitch Ware in The Book, and Justin M\u27Carthy\u27s A Ballade of Book-Making declared, The critics challenge and defend ... of making books there is no end. Others have written loving odes to the book. Garrison Keillor, for instance: The book is a great and ancient invention, he marveled, slow to hatch, as durable as a turtle, light and shapely as befits a descendant of the tree .... A handsome, useful object begotten by the passion for truth ... [books] contain our common life and keep it against the miserable days when meanness operates with a free hand, and save\u27 it for the day when the lonesome reader opens the cover and the word is resurrected
... program officers throughout the world, including Augusto Varas, Martín Abregú, and María Amel... more ... program officers throughout the world, including Augusto Varas, Martín Abregú, and María Amelia Palacios from the Andean Region and Southern Cone office, who also graciously hosted the event; Akwasi Aidoo, Basma El-Husseiny, Joseph Gitari, Aida Opoku-Mensah, and ...
There is no journalistic work more deserving of the designation story than news of crime. From ... more There is no journalistic work more deserving of the designation story than news of crime. From antiquity, the culture of crime has been about the human condition, and whether information comes from Homer, Hollywood, or the city desk, it is a bottom about the human ...
Page 1. Communications and Society Program Charles M. Firestone Executive Director Washington, DC... more Page 1. Communications and Society Program Charles M. Firestone Executive Director Washington, DC 2003 Democratic Enterprise: Sustaining Media and Civil Society A Report of the Third Annual International Roundtable on Journalism and Freedom of Expression ...
executive agreement as without any foundation in the Constitution's text (p. 188), a kind of wink... more executive agreement as without any foundation in the Constitution's text (p. 188), a kind of winking conspiracy with which Congress is said to be "complicit" (p. 20). It would be far more satisfactory to positively tie executive agreements to the Constitution's text. One cannot read the treaty clause out of the Constitution, but neither does the treaty clause trump everything else. Substituting executive agreements for treaties does indeed represent a kind of institutional bargain and "shared power." But in another sense, the two types of executive agreements are rooted in the Constitution's delegation of distinct executive and legislative powers (plural). Congress's powers to legislate for commerce and post roads, for example, have been the basis for statutory agreements from the North Atlantic Free Trade Agreement to an 1890 Tariff Act to a 1792 postal convention. Executive powers granted to the president are also the legal basis for sole executive agreements, back to a 1799 claims settlement. While the number of executive agreements has increased over time, their legal basis has remained clear and constant: the substantial but finite powers of Article I and Article II. The flip side of this principle is that a full treaty is legally required for an international agreement that exceeds these ordinary powers (cf. Missouri v. Holland). Krutz and Peake admit that extradition must be authorized by a treaty because extradition lies "outside of Article I" (p. 167), which, alone, explains why all extradition agreements since 1794 have been treaties. They do not take the next step, however, to observe that a fluid, Neustadtian Constitution does not accommodate such a bright line. All the comity and interbranch deference in the world cannot overcome the fact that the Constitution creates executive and legislative institutions with limited delegated powers. Although the rise of executive agreements seems to challenge the treaty clause, this important work confirms that the clause has not become the Constitution's vermiform appendix, that inter-and intrabranch politics remain quite strong, and that executive agreements are compatible with the separation of powers. But defending the Senate's prerogatives with conviction requires more than mere tradition or comity. It requires a sense that the treaty clause remains legally meaningful.
WISE COMMENTATORS have long evaluated books and bookmaking. Man builds no structure which outlive... more WISE COMMENTATORS have long evaluated books and bookmaking. Man builds no structure which outlives a book, wrote Eugene Fitch Ware in The Book, and Justin M\u27Carthy\u27s A Ballade of Book-Making declared, The critics challenge and defend ... of making books there is no end. Others have written loving odes to the book. Garrison Keillor, for instance: The book is a great and ancient invention, he marveled, slow to hatch, as durable as a turtle, light and shapely as befits a descendant of the tree .... A handsome, useful object begotten by the passion for truth ... [books] contain our common life and keep it against the miserable days when meanness operates with a free hand, and save\u27 it for the day when the lonesome reader opens the cover and the word is resurrected
... program officers throughout the world, including Augusto Varas, Martín Abregú, and María Amel... more ... program officers throughout the world, including Augusto Varas, Martín Abregú, and María Amelia Palacios from the Andean Region and Southern Cone office, who also graciously hosted the event; Akwasi Aidoo, Basma El-Husseiny, Joseph Gitari, Aida Opoku-Mensah, and ...
There is no journalistic work more deserving of the designation story than news of crime. From ... more There is no journalistic work more deserving of the designation story than news of crime. From antiquity, the culture of crime has been about the human condition, and whether information comes from Homer, Hollywood, or the city desk, it is a bottom about the human ...
Page 1. Communications and Society Program Charles M. Firestone Executive Director Washington, DC... more Page 1. Communications and Society Program Charles M. Firestone Executive Director Washington, DC 2003 Democratic Enterprise: Sustaining Media and Civil Society A Report of the Third Annual International Roundtable on Journalism and Freedom of Expression ...
Uploads
Papers by Craig LaMay