Document Type

Article

Publication Date

7-1-2007

Keywords

Youngstown, Justice Jackson, incapacitation, Presidential powers

Comments

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.

hamdan quartet symposium 2006.pdf (404 kB)
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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