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Presidential Power

ABA Watch February 2010

Table of Contents
February 05, 2010
ABA WatchIn this issue, we are pleased to offer an interview conducted over email with ABA President-Elect Stephen Zack, who will become president of the Association next summer.  We are publishing his responses unedited in this issue.  This issue also features a piece discussing the ABA’s policy regarding the Obama Administration’s decision to prosecute the five Guantanamo detainees accused of conspiring to commit the 9/11 terrorist attacks in New York.  And, as in the past, we digest and summarize actions before the House of Delegates. [More]

Address by Congressman Michael R. Pence - Event Audio/Video

2010 National Lawyers Convention
Michael R. Pence, David M. McIntosh November 21, 2010

Congressman Michael R. Pence of Indiana addressed registrants of the Federalist Society's 2010 National Lawyers Convention on Friday, November 19, 2010. He was introduced by the Honorable David M. McIntosh of Mayer Brown Row & Maw, LLP and Vice-Chairman of The Federalist Society's Board of Directors.

An Analysis of the National Defense Authorization Bill

New Federal Initiatives Project
Benjamin Wittes June 21, 2011

An Analysis of the National Defense Authorization BillThis article describes the detention and Authorization for Use of Military Force (AUMF) provisions in the National Defense Authorization bill, which was passed by the House of Representatives by a 322-96 vote on May 26, how these provisions are different from the provisions in earlier versions of the bill, and where they are likely to generate opposition. House Armed Services Committee Chairman Buck McKeon introduced the bill in early March and provided updated language for the detention and AUMF sections on May 9. For organizational simplicity, I describe the bill in the order in which its sections appear and compare these sections to the analogous ones in the earlier version.

Are the Recent Recess Appointments Constitutional?

Engage Volume 13, Issue 1, March 2012
Charles J. Cooper, Michael B. Rappaport, Peter M. Shane, William R. Yeomans, Dean A. Reuter May 18, 2012

Are the Recent Recess Appointments Constitutional?Mr. Reuter: Welcome to the Federalist Society’s practice group podcast. The following podcast, hosted by the Federalist Society’s Federalism and Separation of Powers Practice Group, was recorded on February 24, 2012, during a live telephone conference call held exclusively for Federalist Society members. My name is Dean Reuter, Vice President and Director of Practice Groups at the Federalist Society... [Read more!]

Are the Recent Recess Appointments Constitutional? - Podcast

Federalism & Separation of Powers Practice Group Podcast
Charles J. Cooper, Michael B. Rappaport, Peter M. Shane, William R. Yeomans, Dean A. Reuter March 05, 2012

Are the Recent Recess Appointments Constitutional? - PodcastRecently, President Obama recess-appointed three new members to the National Labor Relations Board, and a new chief of the Consumer Financial Protection Bureau created by the Dodd-Frank bill. In making the appointments, the President bypassed the usual approval process for the nominations in the Senate, claiming authority to make recess appointments. Commentators and academics differ in their opinions about the constitutionality of the President's appointments during the Senate's pro forma sessions. After describing just what transpired, our expert panelists offered their views and took questions from the audience. Featuring: The Honorable Charles J. Cooper of Cooper & Kirk, PLLC; Prof. Michael B. Rappaport of the University of San Diego School of Law; Prof. Peter M. Shane of The Ohio State University Moritz College of Law; and Prof. William R. Yeomans of American University Washington College of Law.