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Presidential Power

Who Judges Who is a Judge? - Podcast

Administrative Law & Regulation and Federalism & Separation of Powers Practice Groups Podcast
Kristin E. Hickman, Tuan Samahon July 18, 2014

At bottom, in Kuretski v. Commissioner, presidential power is at stake. Judges of the U.S. Tax Court (26 USC 7443(f)), were arguably characterized by the U.S. Supreme Court, in Freytag v. Commissioner, as exercising a portion of the judicial power of the United States. Recently, however, the D.C. Circuit Court of Appeals disagreed when it found that the Tax Court exercises only executive power. What are the implications of the D.C. Circuit Court’s opinion on the president’s removal power? Has the D.C. Circuit misread Freytag, or faithfully applied it?

  • Prof. Kristin E. Hickman, Harlan Albert Rogers Professor in Law, University of Minnesota Law School
  • Prof. Tuan Samahon, Professor of Law, Villanova University School of Law

Obama's Enforcer: Eric Holder's Justice Department - Podcast

Federalism & Separation of Powers Practice Group Podcast
John Fund, Hans A. von Spakovsky June 20, 2014

Obama's Enforcer: Eric Holder's Justice DepartmentIn their new book, Obama's Enforcer: Eric Holder's Justice Department, Hans von Spakovsky and John Fund present an analysis of the Attorney General’s role in advancing the administration’s political agenda, as well as his responsibilities as a “heat shield,” protecting the president on numerous fronts. The authors joined us on a Teleforum conference call to discuss the book and answer questions from a call-in audience.

  • John Fund, National Affairs Columnist, National Review and Fox News Analyst
  • Hans A. von Spakovsky, Senior Legal Fellow and Manager, Civil Justice Reform Initiative, The Heritage Foundation

Keynote Address by Ted Cruz - Event Audio/Video

Second Annual Executive Branch Review Conference
R. Ted Cruz, Leonard A. Leo May 14, 2014

Keynote Address by Ted Cruz - Event Audio/VideoA key element of the Practice Groups' Executive Branch Review project is our annual conference. This year's Executive Branch Review Conference took place on May 7th at the Mayflower Hotel in Washington, D.C. Senator Ted Cruz of Texas delivered the Keynote Address at the Federalist Society's Second Annual Executive Branch Review Conference.

Keynote Address
2:15 p.m. – 3:00 p.m.
Promenade Ballroom

  • Hon. Ted Cruz, U.S. Senator, Texas
  • Introduction: Mr. Leonard A. Leo, Executive Vice President, The Federalist Society

Mayflower Hotel
Washington, DC

Executive Power and the Role of the Coordinate Branches - Event Audio/Video

Second Annual Executive Branch Review Conference
Charles J. Cooper, William N. Eskridge, Jr., Neomi Rao, David M. McIntosh May 14, 2014

Executive Power and the Role of the Coordinate Branches - Event Audio/VideoWhat are the duties and responsibilities of the Legislative and Judicial Branch in policing Executive Branch activities? Has the administrative state grown to an extent that the very balance of power between the three branches has changed, and have the coordinate branches taken a step back? When it comes to the separation of powers, and ensuring one branch does not encroach on the proper authority of another, Federalist 51 advises that, “Ambition must be made to counteract ambition.” Should Congress provide more robust oversight, or use its power of the purse more readily to rein in the Executive? Has the judiciary, through the non-delegation doctrine, Chevron deference, and its recent City of Arlington decision, struck the right balance? These and other questions will be addressed by our panelists.

A key element of the Practice Groups' Executive Branch Review project is our annual conference. This year's Executive Branch Review Conference took place on May 7th at the Mayflower Hotel in Washington, D.C.

Luncheon Panel: Executive Power and the Role of the Coordinate Branches
12:30 p.m. – 2:00 p.m.
State Room

  • Mr. Charles J. Cooper, Partner, Cooper & Kirk, PLLC
  • Prof. William N. Eskridge, Jr., John A. Garver Professor of Jurisprudence, Yale Law School
  • Prof. Neomi Rao, Associate Professor of Law, George Mason University School of Law
  • Moderator: Hon. David M. McIntosh, Partner, Mayer Brown LLP and Vice-Chairman, Board of Directors, The Federalist Society

Mayflower Hotel
Washington, DC

The Contraceptive Mandate - Event Audio/Video

Second Annual Executive Branch Review Conference
Kyle Duncan, John C. Eastman, Martin S. Lederman, Elizabeth Wydra, Robert Barnes May 14, 2014

The Contraceptive Mandate - Event Audio/VideoReligion has long had a special place in our society and in the Constitution. Has that place been evolving? If so, how? What does the Constitution say about the role of the federal government, and the Executive Branch in particular, in the realm of religious liberties? This panel will take up such issues as the HHS contraceptive mandate, the U.S. Solicitor General’s positions in religious freedom cases, and other statutory and regulatory matters that have come to the forefront in recent years.

A key element of the Practice Groups' Executive Branch Review project is our annual conference. This year's Executive Branch Review Conference took place on May 7th at the Mayflower Hotel in Washington, D.C.

The Contraceptive Mandate
11:00 a.m. – 12:15 p.m.
Senate Room

  • Mr. S. Kyle Duncan, Duncan PLLC
  • Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law
  • Prof. Martin S. Lederman, Georgetown University Law Center
  • Ms. Elizabeth B. Wydra, Chief Counsel, Constitution Accountability Center
  • Moderator: Mr. Robert Barnes, Supreme Court Correspondent, The Washington Post

Mayflower Hotel
Washington, DC