War Powers Panel
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College of William & Mary Law School William & Mary Law School Scholarship Repository Student Newspaper (Amicus, Advocate...) Archives and Law School History 1991 The Advocate (Vol. 22, Issue 6) Repository Citation "The Advocate (Vol. 22, Issue 6)" (1991). Student Newspaper (Amicus, Advocate...). 155. https://scholarship.law.wm.edu/newspapers/155 Copyright c 1991 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/newspapers ~ADVOCATE Marshall-Wythe School of Law Vol. XXII No.6 January 31, 1991 Twelve Pages WAR POWERS PANEL by Tamara Maddox ' Students and faculty pervasIve statements to Ule Despite President members gathered on January contrary by almost every Bush's attempts to involve 24th at 2:30 p.m. to attend a president attaining office since Congress in the decision presentation on the War Powers its passage. In support of his making process, he has not Resolution of 1973. Featuring position, Spong mentioned that acknowledged the War Powers fonner law school dean the "[Supreme] Court hasn't Resolution as binding, or even ''It'I)(l~!II1'' Burks William Spong as well as as constitutional. In response ruled that [it's unconstitutional], (l. to one student's question as to Panel to r.): Prof. Michael Gerhardt, Former Dean William current Constitutional Law except maybe a teeny-weeny Spong, Prof. Rod Smolla and Prof. Neal Devins. professors Neal Devins, Rodney bit." Spong also admitted that how Bush evades "the supposed Smolla and Michael Gearhardt, judicial timidity has encouraged 'unconstitutionality' of the War the panel discussed the courts to avoid the issue. Powers Resolution while relevance of the War Powers Although the passage [continuing] to submit the GERHARDT AND ALCES Resolution in light of current of the War Powers Resolution reports required" under the Act, events in the Persian Gulf. would seem to shift the balance Professor Gearhardt quipped: JOIN M-W FACULTY They invited audience of power in favor of Congress "I don't think he calls them participation in the form of in the area of foreign 'reports. '" questions and answers. hostilities, Spong stated in no Although the panel by Dave Edwards The War Powers uncertain terms that the members showed some Resolution, intended to give "Resolution has failed." During disagreement as to whether The advent of the Fall, procedure, on which topic he Congress more input into most of the foreign crises of President Bush's response to 1991 semester will bring with has written several texts and executive decisions to deploy the past decade, presidents the current Persian Gulf it two new pennanent and two numerous publications . U.S. troops prior to an actual seem to have ignored the situation has shifted the balance visiting professors, if plans According to Butler, he is declaration of war, requires the Resolution entirely. "Until very of powers, all of the speakers proceed as expected. Peter reputed to be well-liked by President to "consult with recently, it had gone the way appeared to concur with one of Alces and Michael Gerhardt, students and an excellent Congress before introducing of the dodo bird," said Spong. Professor Smolla's closing who currently are VISitIng teacher. U.S. Armed Forces into "It wasn't like trying to live in remarks: "I think it's professors, have both received The acquisition of hostilities or into situations a room with a dead horse .. .it extremely important that Bush offers to join the law school Stephen Wentli~ 1 as next year's where imminent involvement in just wasn't there!" did in fact submit this to faculty on a permanent basis. Lee Professor is a prOduct of hostilities is clearly indicated However, in dealing Congress, whatever his political Alces will fill the position of the efforts of Professor Rodney by circumstances," and to with the current situation in the reasons for doing so." commercial law scholar, which Smolla. Butler believes continue such consultation until Persian Gulf, Bush seemed has been vacant since Ingrid Wermiel will prove to be a the end of any such anxious for Congressional Hlllenger departed in 1988, and "different and - interesting involvement. Although the approval. Providing a rationale Gerhardt will join as a appointment" who "should be Vietnam War may have been a for the distinction, Professor For the results constitutional law scholar. The able to offer a unique insight key factor in the passing of the Smolla compared Iraq to two vlsttors will be Paul into the Supreme Court" Not War Powers Resolution, the Vietnam. "[The situations in oft h e Marcus, of criminal law fame, only is Wermiel the Wall Street primary purpose was to "create Panama, Grenada and Libya] Advocate ' s and Stephen Wermiel, Supreme Journal's Supreme Court an instrumentality within which were all easy things for survey on the Court correspondent for The correspondent, he is also Congress and the President Presidents to get away with. Wall Street Journal. writing the only authorized could each enact their own That's not true here or in law school's According to Professor biography of Supreme Court responsibilities," as represented Vietnam." Smolla also noted reactions to the Lynda Butler, who chairs the Justice William Brennan, one by Spong. Perhaps only that "[t]he rest of the world is FacuIty Appointment of his current projects. partially in jest, Spong asserted becoming increasingly war ill the Committee, the offers to According to Butler, that a secondary purpose of the dissatisfied with war as an Persian Gulf - Gerhardt and Alces are the this has been an unusual hiring Resolution was to "take care of instrument of public policy. see page 6 result of a two-to-three year year thanks to the budget Nixon." The United States and the _search for both an outstanding crunch. In addition to the four According to Spong,- Third World, and maybe the commercial law expert and an chosen, the faculty had hoped the Resolution passes U.S.S.R, seem to be alone in excellent "generalist" to fill to hire two "entry level" (i.e., constitutional muster, despite [using war in this manner]." existing spaces in the ranks of first teaching job) applicants the Marshall-Wythe faculty. who received favorable The Marcus reactions in interviews with appointment, on the other hand, faculty and students, but they "just happened, almost by were Wlable to do so because accident." Marcus, whom of budgetary constraints. The many second and third years current hiring plans are still will recognize as co-author of subject to approval by the their criminal law text, is the College and Board of Visitors. fonner dean of the University of Arizona law school, which he is leaving at the end of this year. Not surprisingly, his area of expertise is criminal law and Graduation BEFORE ATTEMPTING TO PRINT Countdown I Inside This PLEASE READ CAREFULLY THE INSTRUCTIONS ENTITLED .... Issue 'USING THE VENDAMAT CARD FOR LASER PRINTING" :m :::: " 0' Opinions f Oratory Students now see a new message when they want to use laser printers in the library. 108 and counting!! Occurrences The Advocate Page Two January 31, 1991 LETTERS TO THE EDITOR INTER ALIA people for the past five and a half years at William and WORDS ON TOLERANCE Mary. I find it interesting that Pan Am and TW A have .instituted a polity prohibiting Arab whoever wrote this cannot tell Americans of Iraqi, Syrian and Jordanian' descent from travelling me to my face of their on domestic and international' nights. disapproval of my "wicked" ways. Test your strength and confront me; give me a chance Chris Farris is subjected anonymous graffiti on the bathroom to . I had the distinct honor their breath, and refuse to to respond (without resorting to wall because of his sexual preference. and pleasure of , seeing . my acknowledge my presence. I a bathroom wall); listen - have constantly heard from name on the bathroom wall the really listen -- to what I have friends of things said behind other night: to say. Until you find the Discrimination is the cause of these occurrences. Intolerance is my back by the same strength to do these simple not limited to Marshall-Wythe, Virginia,or the United States. Top ten cocksuckers at M-W: "enlightened" people who smile things, you are cowardly as Unfortunately, it is very much in evidence' at the law school. 1. Chris Farris at me in the halls and feign well as ignorant Students won't let each other express unpopular views in class open-mindedness. For the past A word of waming: without hissing, ridiculing, or just not listening: It may seem trite .1 wonder if whoever year, I have seen my name in any fool knows that it is to say that we should strive for and learn from diversity; at the Wrote this has stopped for even print associated with lies, impossible that I am the only very least, leave others to live their own life: As long as we a minute to try to understand exaggerations, outdated gay person in this school. remain ignorant, however, it needs to be said. · how this affects another human stereotypes, and rumors. Every When other gays see graffiti being. I have been forced to day I have to walk into this like this, they too are hurt. Julius Chambers of the N.A.A.C.P. is speaking on the Bill of deal . with ignorance and school and face people knowing Imagine how ·it must feel for Rights this Friday at 2:30 p.m. in room 124. Stop by. , prejudice because of one aspect that some hate me, some are someone to have to hide a Everybody's civil liberties deserve to be protected --they could of my being that is not only disgusted by me, and some see basic part of themselves from be yours.