International human rights law and the war on terror

Delahunty, Robert J.; Yoo, John

doi:10.4324/9780203887035.ch53

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A Is Logan Act Nonenforcement Unconstitutional?1

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“…But can it really be said that the Logan Act "interfere[s] with the President's discharge of a constitutional responsibility"? 582 That would require pretzel-like logic: deterring archetypal violations facilitates Presidents' unimpeded discharge of their responsibilities. To be sure, routine enforcement of the Act would make it harder for the White House to informally nudge private citizens to mediate stalemates.…”

Section: A Is Logan Act Nonenforcement Unconstitutional?mentioning

confidence: 99%