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Article: Executive power essentialism and foreign affairs.
- Article from:
- Michigan Law Review
- Article date:
- February 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. (1) It holds no less true for modern constitutions, including the Constitution of the United States. (2) Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism.
One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the ...