Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-cfpbc Total loading time: 0 Render date: 2024-04-19T15:37:52.805Z Has data issue: false hasContentIssue false

1 - The Logic, and Illogic, of Law

Published online by Cambridge University Press:  05 June 2012

Robert J. Spitzer
Affiliation:
State University of New York Cortland
Get access

Summary

“It is not what a lawyer tells me I may do; but what humanity, reason, and justice tell me I ought to do.”

Edmund Burke, “Speech On Conciliation With America” March 22, 1775

1. In an interview with reporters on July 25, 1989, President George H. W. Bush disclosed an eyebrow-raising decision: it was his intention, he said, to exercise a selective or item veto over some piece of legislation if the appropriate circumstance arose where he believed that some provision of an otherwise acceptable bill merited such an action. This pronouncement by the first President Bush was startling for two reasons: first, no other president in American history had ever claimed to possess, much less attempted to exercise, an item veto under the terms of the veto power's description in the Constitution (although many presidents have asked that the power be given to the president); and second, no legal or constitutional change in the president's power had been made to accommodate an item veto.

2. Two weeks after the devastating attacks by terrorists against American targets, launched on September 11, 2001, the Deputy Assistant Attorney General in the Office of Legal Counsel, John Yoo, authored a lengthy memorandum in which he staked out an unprecedentedly sweeping, even grandiose definition of President George W. Bush's powers pertaining to military actions against other nations and terrorist groups.

Type
Chapter
Information
Saving the Constitution from Lawyers
How Legal Training and Law Reviews Distort Constitutional Meaning
, pp. 9 - 32
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×