This 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.
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!]
Recently, 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.