LAW 606 Lecture Notes - Lecture 24: Executive Agreement, Enumerated Powers, Urs Corporation
1 Jun 2020
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Foreign power of the president, executive agreements, anything agreement w/ foreign country that does fall under treaty power. Probably not: if valid executive agreement, content must relate to either: (1) enumerated power (belmont) or (2) arguable inherent power of foreign relations (curtiss-wright) Page 2 of 4 (i) but there is no legislative history here, but ussc says that when broadly interpreted, specific powers are consistent/ w; power to suspend lawsuits. Rule: as for congressional silence, it depends upon the context whether or not to infer approval or disapproval. Section 2: executive discretion in times of war or terrorism: writ of habeas corpus- a protection of personal liberty inherited from english common. 2: the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require yet. Factors for decisions: status of defendant, u. s. citizen, enemy combatant, unlawful combatant, location, of defendant activity, of capture, of detention/trial, charges.
