Requiring the Executive Branch to Share Control over the Prosecutorial Function: Morrison v. Olson
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Authors
Garafalo, Peter J.
Issue Date
1989
Volume
22
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In Morrison v. Olson, the Supreme Court ruled that the independent counsel provisions of the Ethics in Government Act of 1978 (the "Act") are constitutional. The Act was challenged on several grounds: That it violated the appointments clause of article II of the United States Constitution, that it violated the limitations of article III, and that it unpaired the President's ability to carry out his constitutionally-assigned duties. In a seven-to-one decision, the Court encountered little difficulty in upholding the Act, finding it necessary to place a narrowing construction on only one of the Act's provisions...
Description
Citation
22 Creighton L. Rev. 187 (1988-1989)
Publisher
Creighton University School of Law