Notes on a Theory…

Thoughts on politics, law, & social science

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  1. […] The real test for Biden will be the extent to which he dismantles many of Trump’s executive orders and reverses the disturbing and increasing trend towards defining coercive diplomacy and sanctions against other states in terms of “national emergencies”. It is important to note the words of one of America’s greatest Supreme Court justices, Robert H. Jackson, who believed U.S. foreign policy is ultimately always political. Once judicial opinion rationalizes an order such as a “national emergency” to show that it conforms to the Constitution, or more specifically, rationalizes the principle, “The principle then lies about like a loaded weapon, ready for the hand of any authority that can bri….” […]

  2. […] The real test for Biden will be the extent to which he dismantles many of Trump’s executive orders and reverses the disturbing and increasing trend towards defining coercive diplomacy and sanctions against other states in terms of “national emergencies”. It is important to note the words of one of America’s greatest Supreme Court justices, Robert H. Jackson, who believed U.S. foreign policy is ultimately always political. Once judicial opinion rationalizes an order such as a “national emergency” to show that it conforms to the Constitution, or more specifically, rationalizes the principle, “The principle then lies about like a loaded weapon, ready for the hand of any authority that can bri….” […]

  3. […] The real test for Biden will be the extent to which he dismantles many of Trump’s executive orders and reverses the disturbing and increasing trend towards defining coercive diplomacy and sanctions against other states in terms of “national emergencies”. It is important to note the words of one of America’s greatest Supreme Court justices, Robert H. Jackson, who believed U.S. foreign policy is ultimately always political. Once judicial opinion rationalizes an order such as a “national emergency” to show that it conforms to the Constitution, or more specifically, rationalizes the principle, “The principle then lies about like a loaded weapon, ready for the hand of any authority that can bri….” […]

  4. […] in the face of a national emergency, “the principle then lies about like a loaded weapon,” he said back in 1944, “ready for the hand of any authority that can bring forward a plausible claim of an urgent need. […]

  5. […] face of a national emergency, “the principle then lies about like a loaded weapon,” he said back in 1944, “ready for the hand of any authority that can bring forward a plausible claim of an urgent need. […]

  6. […] in the face of a national emergency, “the principle then lies about like a loaded weapon,” he said back in 1944, “ready for the hand of any authority that can bring forward a plausible claim of an urgent need. […]


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