Main Content
Constitutional Law
The Essence of Executive Power
These cases raise an important question of contingency: What must we be able to say — in a relatively uncontested way — to enforce the constraints the Court is asked to enforce. Justice Scalia primes the idea in an opinion for the DC Circuit. It is against the background of that understanding that these cases should be read. -LL
This book, and all H2O books, are Creative Commons licensed for sharing and re-use. Material included from the American Legal Institute is reproduced with permission and is exempted from the open license.