Perspective
Sep. 24, 2014
A major separation of powers clash
Does the president have the constitutional authority to refuse to abide by a duly enacted law of Congress on the ground that it interferes with his powers to conduct foreign affairs? By Alan B. Morrison
On Nov. 3, the U.S. Supreme Court will hear arguments on whether the president has the constitutional authority to refuse to abide by a duly enacted law of Congress on the ground that it interferes with his powers to conduct foreign affairs. Zivotofsky v. Kerry, 13-628. The court previously ruled that the case did not present a political question, 132 S. Ct. 1421 (2012), and the U.S. Court of Appeals for the D.C. Circuit upheld the pres...
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