(DOWNLOAD) "Defending U.S. Sovereignty, Separation of Powers, And Federalism in Medellin V. Texas (Separation of Powers in American Constitutionalism)" by Harvard Journal of Law & Public Policy # eBook PDF Kindle ePub Free
eBook details
- Title: Defending U.S. Sovereignty, Separation of Powers, And Federalism in Medellin V. Texas (Separation of Powers in American Constitutionalism)
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 291 KB
Description
In 2008, the U.S. Supreme Court decided Medellin v. Texas, (1) a case that implicated virtually every conceivable axis of the structural limitations on government. President vis-a-vis Congress, President vis-a-vis the Supreme Court, international law vis-a-vis domestic law, federal government vis-a-vis the States, and, with a Mobius twist, President vis-a-vis the state judiciary. In Medellin, the State of Texas vigorously defended U.S. sovereignty, separation of powers, and federalism, and, by a vote of 6-3, Texas prevailed. The Supreme Court's resolution of this case presents reason for both celebration and great trepidation. We should celebrate because U.S. sovereignty was preserved and because separation of powers and federalism--both foundational limits on governmental authority--were respected and enforced. Each of these structural limitations on government serves to diffuse power and to safeguard the citizenry, and it is only by ensuring the vitality of these democratic checks on unilateral authority that liberty can be secured. At the same time, the case invites great trepidation, because it represents an assault on those principles that will continue unabated for many years to come.