This presentation has been edited.
The co-director of the Brennan Center for Justice’s Liberty & National Security Program at New York University law school, Elizabeth (Liza) Goitein, is a leading expert on the generally unchartered legal waters of emergency powers, especially the open-ended National Emergency Act. Liza authored the Center’s report "The New Era of Secret Law", frequently testifies before Congress and served as counsel to Senator Russ Feingold, chairman of the Senate Judiciary Subcommittee on the Constitution.
Liza will cover the constitutional and statutory justifications for the President declaring a national emergency, the presidential powers such declarations trigger and their constitutional limits. These issues can be elusive because of the difficulty of even defining a national emergency beyond Supreme Court Justice Potter Stewart’s memorable definition of obscenity: “I know it, when I see it.” National emergency powers are the tip of the iceberg of standard-less delegations which undermine separation of powers and shipwreck the Constitution. Liza’s guidance is invaluable in navigating our way back from the precipice of rule by executive decree.
Link mentioned in discusssion: www.brennancen...
20 окт 2024