November 26, 2008

Lawprofs Jack Balkin and Eric Posner talk about what sorts of "policy views" Obama will try to "entrench" on the Supreme Court.

In this new Bloggingheads episode.

Obama might want ideological liberals -- right? -- but he doesn't really want judges who will rein in executive power, does he?

"Much of what the Obama administration will do in the area of executive power is just dial things back one notch."


So, Obama will dial back to 10?


Simon said...

Isn't it bad enough that he will, as Balkin points out, put people on the bench who are wrong about federalism?

I hope that Obama does dial back executive power one or two notches - but only one or two. I think that the Bush administration has greatly strengthened the unitary executive, properly understood - i.e. the intrabranch power of the President vis-à-vis other (subordinate) executive branch actors. I think all that is to the good, and Obama should leave that dial where it is.

On the other hand, the Bush administration has also amped up the claimed independent and interbranch power of the executive branch. That power grab is often also referred to by liberals under the label of the unitary executive - inaccurately, as I see it (it might more accurately be called the "robust executive," as I branded it here). That's where I think they've pushed too far, and that's where I hope Obama dials things back a little.

Geoff Matthews said...

So, um, in a world with Chavez and Putin, where exactly do they fall on the scale of excecutive power?

bearbee said...

Restraint until there is a terrorist attack, then all bets are off if there is a terrorist attack.

So what Constitutional principle is being adhered to?

bearbee said...

re: international law, Europe seems hypocritical on the issue of adherence to same.

Does Europe Believe in International Law?

Article was co-authored by Eric Posner

Catharine said...

The new & improved Althouse comment section: Seemingly, no one knows how to take up and riff on this one, even with the ripe fruit offered by Althouse's throwing out the second video link, alone or in tandem with the first.

Ann Althouse said...

Yeah, it's weird.

People never comment much on the law posts!

Catharine said...

Also, some of the people who would, and did, no longer do. Why is that?

Catharine said...

People never comment much on the law posts!

Of course, they do. Profusely. Who said they didn't? Deflection isn't refutation.

bearbee said...

Mumbai attacks with possible American along with British hostages; warning of possible terror threat against the NY subway.

Is Obama finally awakening to the real world? Of what a president faces?