Federalism & Separation of Powers Practice Group Podcast
The President, with much attention from the media and the public, announced executive action on immigration. Our discussion will address the specifics of the President’s actions, and the legality of those actions. What exactly was said and done by the President, and how do his actions differ from acts he previously asserted were beyond his unilateral power? Has the President exceeded his constitutional authority to act? What happens next?
2014 National Lawyers Convention
- Prof. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center and Professor Emeritus, LSU Law School
- Prof. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law
- Margaret D. Stock, Counsel to the Firm, Cascadia Cross-Border Law
- Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law
Is President Obama failing in this basic obligation of the President? Allegations of lawlessness have been made about his decisions not to enforce the immigration law, to suspend some requirements of the Affordable Care Act, and to flout Congress’s requirement of thirty-day notice before freeing prisoners from Guantanamo. Are these fair charges or does the President enjoy inherent constitutional power or specific statutory authority to decline enforcement? What should be Congress’s reaction to non-enforcement? Does this pattern of non-enforcement imply anything more general about the President’s legal or political philosophy?
The Federalist Society's Federalism & Separation of Powers Practice Group presented this panel on "The President's Duty to Take Care that the Law Be Faithfully Executed" on Thursday, November 13, during the 2014 National Lawyers Convention.
- Dr. John S. Baker, Jr. Visiting Professor of Law, Georgetown University Law Center; Professor Emeritus of Law, Dale E. Bennett Professor of Law, Louisiana State University Law School
- Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC
- Prof. Neal E. Devins, Goodrich Professor of Law, Cabell Research Professor, Professor of Government, Director, Institute of Bill of Rights Law; and Director, Election Law Program, The College of William & Mary
- Prof. Christopher H. Schroeder, Charles S. Murphy Professor of Law and Public Policy Studies; Co-Director of the Program in Public Law, Duke Law School
- Moderator: Hon. Thomas B. Griffith, U.S. Court of Appeals, D.C. Circuit
- Introduction: Dr. John C. Eastman, Henry Salvatori Professor of Law and Community Service; Former Dean (2007 – 2010); and Director, Center for Constitutional Jurisprudence, Dale E Fowler School of Law, Chapman University; and Chairman, Federalism & Separation of Powers Practice Group
Mayflower Hotel 2014 National Lawyers Convention
United States Supreme Court Justice Antonin Scalia opened the 2014 National Lawyers Convention on November 13 at the Mayflower Hotel in Washington, DC. Justice Scalia discussed the importance of Magna Carta.
- Hon. Antonin Scalia, United States Supreme Court
- Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society
Mayflower Hotel DC Young Lawyers Chapter and The Alexander Hamilton Society
The Federalist Society's DC Young Lawyers Chapter and The Alexander Hamilton Society co-hosted this event on October 22, 2014, at the Mayflower Hotel in Washington, DC.
- John Bellinger, Partner, Arnold & Porter and former Legal Advisor to the Department of State (2005 -2009)
- Steve Bradbury, Partner, Dechert LLP and former Head of the Office of Legal Counsel, U.S. Department of Justice (2004-2009)
- Moderator: Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy, U.S. Department of Justice
- Introduction: Sarah Hawkins Warren, Partner, Kirkland & Ellis LLP and President, DC Young Lawyers Chapter
The Mayflower Hotel Federalism & Separation of Powers Practice Group Podcast
The recent debate over President Obama’s enforcement of immigration laws and the Affordable Care Act has focused attention on a President’s duty to enforce federal statutes, arising from his constitutional obligation to “Take Care that the Laws be faithfully executed.” Also arising from the Take Care Clause is a President’s distinct duty to defend the constitutionality of federal laws when they are challenged in court, a duty whose scope was hotly debated when Attorney General Eric Holder announced that the Justice Department would not defend section 3 of the Defense of Marriage Act. Some scholars – most notably Professors Neal Devins and Saikrishna Prakash – argue that a presidential duty to defend federal statutes lacks any sound constitutional basis and is unnecessary (see their paper, "The Indefensible Duty to Defend"). However, recent United States Attorneys General – with the possible exception of Attorney General Holder – have agreed that the President has such a duty, subject only to narrow exceptions for laws that are transparently unconstitutional or that the President believes unconstitutionally encroach upon executive power.
In their article “Take Care Now: Stare Decisis and the President’s Duty to Defend Acts Of Congress” in the Harvard Journal of Law & Public Policy, authors Curt Levey and Ken Klukowski argue for a strong presidential duty to defend, including a duty to defend even statutes alleged to be transparently unconstitutional where the administration’s defense is the only way to facilitate a judicial determination of constitutionality. Levey and Klukowski contend that a strong duty to defend is necessary to maintain the separation of powers under which the judiciary serves as the final voice in constitutional challenges, to prevent Presidents from enacting a form of post-enactment veto of legislation they dislike, and – like the judicial doctrine of stare decisis – to provide federal law with stability and predictability.
- Prof. Neal E. Devins, Goodrich Professor of Law, Cabell Research Professor, Professor of Government, Director, Institute of Bill of Rights Law and Director, Election Law Program, William & Mary Law School
- Curt A. Levey, President and Executive Director, The Committee for Justice