The Texas Tech University School of Law Digital Repository

Executive Advisory Opinions and the Practice of Judicial Deference in Foreign Affairs Cases

Show simple item record

dc.contributor.author Casto, William R.
dc.date.accessioned 2010-04-09T16:21:02Z
dc.date.available 2010-04-09T16:21:02Z
dc.date.issued 2005
dc.identifier.citation 37 Geo. Wash. Int'l L. Rev. 501 en_US
dc.identifier.uri http://hdl.handle.net/10601/467
dc.description.abstract During the first decade under the U.S. Constitution, Supreme Court justices frequently provided the president and the executive branch with independent legal advice on a wide range of issues. Nevertheless, in 1793 when President Washington sought advice from the justices regarding the impact of the wars of the French Revolution on U.S. neutrality, the justices refused to give such advice. Their refusal has come to be viewed as the origin of today's strict and well-established rule that the federal courts may not provide the executive branch with advisory opinions. Following the justices' refusal to advise him, the president turned to his cabinet for advice; and so it is today. Presidents seeking legal advice look within the executive branch. This Essay examines a unique aspect of the attorney advisory function to the field of foreign affairs. As a practical matter, the restriction of the advisory function to the executive branch has resulted in a significant expansion of presidential power under the Constitution. en_US
dc.language.iso en_US en_US
dc.relation.uri http://www.heinonline.org/HOL/Page?handle=hein.journals/gwilr37&collection=journals&id=511&men_hide=false&men_tab=citnav
dc.relation.uri http://www.lexis.com/xlink?showcidslinks=on&ORIGINATION_CODE=00142&searchtype=get&search=37%20Geo.%20Wash.%20Int%27l%20L.%20Rev.%20501
dc.relation.uri http://web2.westlaw.com/find/default.wl?rs=WLW8.02&fn=_top&sv=Split&findjuris=00001&mt=LawSchoolPractitioner&vr=2.0&rp=%2ffind%2fdefault.wl&cite=37+GWILR+501
dc.subject executive branch en_US
dc.subject advisory opinions en_US
dc.subject Supreme Court en_US
dc.title Executive Advisory Opinions and the Practice of Judicial Deference in Foreign Affairs Cases en_US
dc.type Article en_US


Files in this item

Files Size Format View
casto9.pdf 378.2Kb PDF View/Open

This item appears in the following Collection(s)

Show simple item record

Search ScHOLAR

Browse

My Account