Christian Mott's avatar

Christian Mott

@cjmott.bsky.social

This paragraph raises a confusing issue: The absolute immunity applies to the President's "core constitutional powers." That seems to mean those powers Congress cannot regulate by statute. But it remains unsettled where that line is for war powers -- it's unclear if the WPR is constitutional!

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Quinta Jurecic's avatar Quinta Jurecic @qjurecic.bsky.social
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Exactly!

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Christian Mott's avatar Christian Mott @cjmott.bsky.social
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The Court seems to buy the unitary executive theory, so it would likely say that the war powers do contain an unregulable core, which precludes prosecutions related to things like the Abbottabad raid. But there may be a domestic vs. foreign distinction on what falls in the core, as Jackson suggested

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Vituperative Erb's avatar Vituperative Erb @vituperativeerb.bsky.social
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Indeed!

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