U.S. Supreme Court,
Constitutional Law
Jun. 17, 2015
Killing a check on the executive branch
For the first time in American distory, the U.S. Supreme Court recently declared unconstitutional a statute limiting presidential power in foreign affairs.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
On June 8, the U.S. Supreme Court for the first time in American history declared unconstitutional a statute limiting presidential power in foreign affairs and set a dangerous precedent that future presidents will use to challenge laws checking the executive branch of government. In Zivotofsky v. Kerry, in a 6-3 decision, the court declared unconstitutional a federal statute allowing people born in Jerusalem to have their passports indicate that ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In