Youngstown, Hamdan, and "Inherent" Emergency Presidential Policymaking Powers
Document Type: Article
Published in Maryland Law Review, v. 66, no. 3, 2007, 787-804. This is one of four papers that grew out of a faculty workshop on the Hamdan decision held at the University of Maryland School of Law on September 21, 2006.
Abstract
This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.
Keywords:
Youngstown, Justice Jackson, incapacitation, Presidential powersRecommended Citation
Young, Gordon G., "Youngstown, Hamdan, and "Inherent" Emergency Presidential Policymaking Powers" (2007). All Faculty Publications. Paper 469.
http://digitalcommons.law.umaryland.edu/fac_pubs/469
Four essays that grew out of a faculty workshop on the Hamdan decision held at the University of Maryland School of Law on September 21, 2006.
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