Battle of the Riders

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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1 Response

  1. “to deny to the Executive that share of the legislative power which is plainly conferred by the [Constitution].”

    As far as I can see, the only legislative powers conferred by the constitution on the Executive are the veto, and the vice-President being entitled to preside over the Senate and break tie votes. Which, I’m glad to see, proved sufficient, but Congress had not, obviously, threatened to deprive Hayes of his constitutional authority merely by exercising their own authority to send to him only legislation THEY liked.

    Perhaps I’m over-analyzing political rhetoric, which isn’t meant to make actual sense if examined too closely…