Implications on the War Powers Act from a Challenge to Matthew Whitaker (user search)
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  Implications on the War Powers Act from a Challenge to Matthew Whitaker (search mode)
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Author Topic: Implications on the War Powers Act from a Challenge to Matthew Whitaker  (Read 1742 times)
Queen Mum Inks.LWC
Inks.LWC
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« on: November 08, 2018, 05:48:20 PM »

A friend asked my opinion on a potential challenge to Trump’s appointment of Matthew Whitaker as acting attorney general.  That got me thinking... If the Supreme Court were to rule that an acting cabinet position constitutes a principal office and that Congress is not permitted to delegate its advice and consent power regarding such positions to the executive branch through the Vacancies Reform Act of 1998, what impact could that have on the constitutionality of the War Powers Act?

Defenses of the constitutionality of hte WPA have often focused on the short-term nature of its delegations of power; however, the VRA’s provisions are similarly short-term delegations. Obviously whether the Court will even address this issue as it relates to Whitaker or the VRA is still unknown, but I was curious if anyone else had any thoughts on this.
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