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Balkinization (November 24, 2014)
By Bruce Ackerman
at
For the Symposium
on Administrative Reform of Immigration Law
Illegal Immigration v. Islamic State: I didn't have space in my Los Angeles Times essay to reflect on a second salient difference between Obama's recent unilateral engagements on these two different fronts.
This contrast reveals a politically-inspired
The OLC immediately published a careful 33 page opinion in support of the president's executive order on immigrants; but it has entirely failed to explain why he can defy the ninety-day time limit imposed by the War Powers Resolution, and continue on-going "hostilities" against the Islamic State despite his failure to obtain the consent of Congress.
To be sure, the White House has asserted that the Congressional Resolutions obtained by President Bush in 2001 and 2002 can be stretched to cover his current campaign. But these assertions are not be confused with a serious opinion, like the one OLC just issued on immigration, which confronts the formidable counter-arguments against the president's bare assertion of war-making authority.
Illegal Immigration v. Islamic State: I didn't have space in my Los Angeles Times essay to reflect on a second salient difference between Obama's recent unilateral engagements on these two different fronts.
This contrast reveals a politically-inspired
The OLC immediately published a careful 33 page opinion in support of the president's executive order on immigrants; but it has entirely failed to explain why he can defy the ninety-day time limit imposed by the War Powers Resolution, and continue on-going "hostilities" against the Islamic State despite his failure to obtain the consent of Congress.
To be sure, the White House has asserted that the Congressional Resolutions obtained by President Bush in 2001 and 2002 can be stretched to cover his current campaign. But these assertions are not be confused with a serious opinion, like the one OLC just issued on immigration, which confronts the formidable counter-arguments against the president's bare assertion of war-making authority.
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