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Louis Fisher

Louis Fisher

March 10, 2008 | National Law Journal

To War or Not to War

Louis Fisher says if America wishes to continue as a democratic country guided by the rule of law and the Constitution, the power of declaring war must be returned to where it belongs: with Congress, the branch closest to the people.

By Louis Fisher

9 minute read

October 25, 2012 | National Law Journal

DOJ's brief on Fast and Furious: marginalizing committee investigations

Given the tone, substance, and analysis of this brief, there is little reason for the House to expect additional accommodation from the administration.

By Louis Fisher

6 minute read

December 04, 2006 | National Law Journal

President's Game? History Refutes Claims to Unlimited Power Over Foreign Affairs

Louis Fisher warns that legal history is being distorted to support unchecked presidential power in foreign affairs.

By Louis Fisher

9 minute read

July 30, 2007 | National Law Journal

Rally Round the Constitution

We miss the point if we rely on the Supreme Court to defend the Constitution, write Louis Fisher and David Gray Adler.

By Louis Fisher and David Gray Adler

9 minute read

March 01, 2010 | Daily Business Review

Campaign finance law not just for court, Congress has say too

In the field of campaign finance, the Court is not standing on solid ground. It necessarily builds on two judicial creations: Corporations are "persons" and money is "speech." Those two doctrines have been challenged from the start.

By Louis Fisher

5 minute read

April 18, 2011 | National Law Journal

Obama's U.N. Authority?

Only the elected representatives of Congress, not the U.N., can authorize the United States to use military force against another nation.

By Louis Fisher

6 minute read

March 26, 2009 | New Jersey Law Journal

Downside of Stifling Speech in Name of National Security

Much damage can be done to individual rights when the government stifles free speech in war time.

By Louis Fisher

5 minute read

October 05, 2007 | New Jersey Law Journal

A View From Inside

In his new book, Jack Goldsmith, who headed the Office of Legal Counsel in the U.S. Department of Justice for about 10 months, provides a welcome insider's analysis of policy discussions and legal interpretations after the attacks of Sept. 11, 2001.

By Louis Fisher

5 minute read

April 23, 2004 | Law.com

Keeping Secrets

The dispute over public testimony by Condoleezza Rice and the Aug. 6, 2001, President's Daily Briefing are the most recent examples of White House efforts to keep �national security� information from Congress and the public. But as the White House continues to expand its operations to determine policy that used to reside in the executive departments, where legislative oversight is strong, Congress has less reason to grant the White House its customary independence.

By Louis Fisher

9 minute read

September 04, 2002 | Law.com

The Road to Iraq

The president's advisers have concluded he can launch military operations without congressional approval, but, says Louis Fisher, constitutional provisions confer no such authority. Arguments that Congress has, through modern statutes, authorized such a presidential decision constitute an overbroad reading of those laws, says Fisher, and only congressional authorization of a war against Iraq will satisfy the Constitution.

By Louis Fisher

10 minute read