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Presidential Power and Pushback from the States

By David Orentlicher on August 22, 2019
Posted in California, Climate change, Federalism, President Trump

While the Constitution’s system of checks and balances often breaks down, giving the White House too much power (see here and here), recent action by California reflects the important role that the states play in containing presidential action.
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Published by: David Orentlicher

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David Orentlicher is the Cobeaga Law Firm Professor of Law at UNLV William S. Boyd School of Law. Nationally recognized for his expertise in constitutional law and health law, Dr. O has testified before Congress, had his scholarship cited by the U.S. Supreme Court, and has served on many national, state, and local commissions. He also served for six years in the Indiana legislature.

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For more than a century, U.S. Presidents have expanded their power well beyond the authority envisioned by the Framers of the Constitution. We now have what Arthur Schlesinger, Jr., described as an “imperial presidency.” From a non-partisan perspective, David Orentlicher writes extensively on the problem of the imperial presidency and what we can do to fix it.

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