Federalism Versus Presidential Power Redux

I'll just use today's entry to call attention to Thomas Healy's post from yesterday on the Medellin cert petition. Thomas notes the oddity of the President invoking his foreign affairs power in support of his domestic authority to tell the Texas courts what to do. It's also worth noting this line from last week's decision in Mass v. EPA: "while the President has broad authority in foreign affairs, that authority does not extend to the refusal to execute domestic laws." That doesn't quite contradict the power asserted by the administration in the Medellin case, but it does suggest a general limit to presidential authority domestically, a limit supported by the decision in the Steel Seizure Case.

Speaking of the clash between federalism druthers and Presidential power druthers for conservatives, I highlight that issue in my FindLaw column on Massacusetts v. EPA, which will appear on the Writ frontpage tomorrow.

Happy Easter to those celebrating, likewise a continued happy Passover, and corresponding good wishes to persons celebrating or not celebrating other holidays, observances, etc.