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David Adler: Abuse and circumvention of the Advice and Consent Clause

The framers of the Constitution inserted the Advice and Consent Clause to ensure joint decision making between the president and the Senate in the exercise of the treaty making and appointment powers. What happens when the aims, purposes and spirit of that clause are abused or circumvented by either one of the joint decision-makers? We focus this week on the ability of presidents to thwart the constitutional blueprint for advice and consent of the Senate. Presidents possess considerable means t...
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David Adler: The Biden Commission and the concept of court packing

President Joe Biden recently signed an executive order creating a bipartisan commission that will study U.S. Supreme Court reform and, among other things, examine the size of the court and the justices’ lifetime appointments. The order excited partisan debate before the ink was dry. Former President Donald Trump, Senate Minority Leader Mitch McConnell, and a host of Republican leaders and commentators have warned that the plan will lead to partisan “court-packing” efforts by Demo...
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