Document Type

Article

Publication Title

Yale Law Journal Pocket Part

Publication Date

2006

Abstract

Which President was advised by his lawyers that he had the constitutional authority to refuse to comply with federal statutes enacted by Congress? Which President also openly violated a federal statute in the exercise of his Commander-in-Chief power? The answer is not George W. Bush, but Bill Clinton. Like every modern President, Clinton defended his inherent and exclusive constitutional powers as Commander in Chief from congressional interference. Yet no legal argument has provoked more outrage today than the Bush Administration’s identical claims pursuant to the same power.

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