Scott Miller

Having failed to choose a topic at the end of last week’s session, we can be flexible on Monday.  But, for those of you who like to prepare, let’s plan to “dip our toes” into the subject of assisted suicide. To summarize Dick’s suggested questions:

• Do I have the right to have you kill me?
• Do you have the right/obligation to kill me if I ask you?
• Do you have the right to kill me if you think that is what I would like?
• Will this become an economics/efficiency decision?
• What is the current law on the matter?

Tomorrow morning, we will discuss the power of the Executive branch vs. the Legislative branch of the Federal government.

• Is there a risk of excessive use of “executive orders” and other powers of the Executive (prosecutorial discretion (selective enforcement), IRS audits, etc.), leading to an “imperial” presidency (Republican or Democrat)?
  • Republicans’ latest fear…Executive Order on Immigration.

• What are the relevant historical analogies?
  • Here’s a pretty good piece on the historical use of Executive Orders…it’s a bit old, a bit long and is an opinion, but it’s a good read nonetheless.

• How can this risk be checked by Congress or the Judiciary?
  • An ABA article on House Lawsuit Against the Administration.
  • Fox News contributor, after complaining about the President’s executive actions, concludes that the Republicans’ lawsuit will go nowhere and that the only recourse…albeit political suicide for Republicans…is impeachment.  Fox News’ Napolitano Op/Ed Piece.
  • Five Myths About Impeachment (Washington Post).

• Ross Douthat (right-leaning NYT Contributor) brings Impeachment and Immigration together.

See you Monday!