{"title":"Ex Parte McCardle and the Attorney General's Duty to Defend Acts of Congress","authors":"John E. Beerbower","doi":"10.2139/ssrn.1993066","DOIUrl":null,"url":null,"abstract":"OVER THE YEARS, Attorneys General of the United States have professed the view that their office “has a duty to defend and enforce both the Acts of Congress and the Constitution.”1 Consequently, as a general rule, Attorneys General have consistently affirmed that it is not the place of their office to declare statutes unconstitutional. When faced with a legislative act that they believe violates the Constitution, the Attorney General “can best discharge the responsibilities of his office by defending and enforcing the Act of Congress.”2 The reason","PeriodicalId":83425,"journal":{"name":"University of San Francisco law review. University of San Francisco. School of Law","volume":"10 3-4 1","pages":"1"},"PeriodicalIF":0.0000,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"University of San Francisco law review. University of San Francisco. School of Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/ssrn.1993066","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
Abstract
OVER THE YEARS, Attorneys General of the United States have professed the view that their office “has a duty to defend and enforce both the Acts of Congress and the Constitution.”1 Consequently, as a general rule, Attorneys General have consistently affirmed that it is not the place of their office to declare statutes unconstitutional. When faced with a legislative act that they believe violates the Constitution, the Attorney General “can best discharge the responsibilities of his office by defending and enforcing the Act of Congress.”2 The reason
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