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 with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.