Chapter 1 Introduction What are the issues of the day?
Flast v. Cohen, 392 U.S. 83 (1968)
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Flast v. Cohen, 392 U.S. 83 (1968)Why does it matter which constitutional provision is being violated?What is the two part test?What is the link to the taxpayer?What is the violation?Do you think a tax payer can assert that a war is illegal?Can a tax payer get standing if he complains that he does not want his tax money spent on an illegal war?Raines v. Bird, 521 U.S. 811, 829 (1997)What did the plaintiff congressmen want the court to rule?What was their standing problem?If congress really though this was unconstitutional, what could it do?What did the court eventually rule about the line item veto?Campbell v. Clinton, 52 F. Supp. 2d 34 (D.D.C. 1999), aff’d, 203 F.3d 19 (D.C. Cir. 2000)(Bombing Yugoslavia)What were the congressmen arguing?What does it mean to say that "there were congressional votes defeating a declaration of war (427-2), defeating an authorization of the air strikes (213-213), defeating a resolution ordering an immediate end to U.S. participation in the NATO operation (290-139)What is the legal status of a bill that does not pass?What did Congress vote for?Why does one appropriations bill trump a thousand failed bills?Would it even trump a successful join resolution telling the president to get out of Yugoslavia?What can congress do if it does not like a war the president is in?What can congress do if the president orders in troops in violation of provisions of the appropriations bill supporting the troops?Did Congress do any of this?Should that defeat standing?Congressional StandingWhen does Tribe think congressman should have standing?What does it mean that a presidential action nullified a congressional vote?What recourse does Congress always have?Why does Scalia think that congressmen should never have standing in their official capacity?Doe v. Bush, 323 F.3d 133 (1st Cir. 2003)Why did plaintiffs say that it was illegal for Bush II to invade Iraq?What is wrong with the claim that congress colluded with the president?Why isn't there a real conflict between Congress and the President?What did Hillary say to explain her vote?Do you think the court would have reached a different result if they had waited a few days and the war had started?In general, why is the role of the courts so limited as regards illegal wars and fights in congress over war powers?Chapter 7 - The Domestic Effect of International LawWhat Makes a Treaty?(1) the states intend the agreement to be legally binding under international law;(2) the agreement deals with significant matters;(3) it clearly describes the obligations of the parties; and(4) it takes a form consistent with the intent that it be legally binding.Enforcing TreatiesWhat is the international law significance of a treaty?What happens if a country does not honor a treaty?How are international trade rules enforced?Is there an international law enforcement system for other treaties?What mechanisms can be used, short of war, for multilateral treaties such as the those deal with atomic energy?What is going on with Iran in this regard?Senate RatificationWhat is the legal effect of ratification?What does advice and consent mean?Was the senate meant to participate in drafting treaties?What is the downside to senate participation?What if the senate will not ratify without changes?Does this undermine the president's constitutional right to negotiate treaties?Fast track - the Senate promises to not mess with the treaty, only to vote it up or down.How do we decide that a treaty means?What did the president want to use to justify reinterpreting the ABM treaty?What is Biden's complaint?How is amending a treaty different from terminating it?Relevance of Senate Ratification History to Treaty Interpretation (April 9, 1987) - 159What is Biden addressing in this report?If these deliberations were intended to be a binding part of the treaty, what could the Senate do to make them binding?Whose representations should count in construing a treaty?What can the senators do if they believe that a provision in the treaty is ambiguous?What does this report say should happen if the president wants to use secret side deals to change the meaning of the treaty?The President's RoleWhat are the president's dual roles in treaties?Why is president's role more important in international law?What type of legal document does this report say a treaty is?What is the primary responsibility of the executive or the courts in construing the treaty?What is the best evidence of the meaning of the treaty?Abrogating Treaties - Goldwater v. Carter, 617 F.2d 697 (1979)Vacated by United States Supreme Court as non-justiciableWhat happens if conditions change, say an ally goes communist?Who evaluates these changes?Why not go to the senate to get the treaty modified?When do modifications amount to abrogating the treaty?Who has final authority to send in troops when there is a mutual defense treaty?Yüklə 0,76 Mb. Dostları ilə paylaş:
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