Supreme Court nominee Elena Kagan started answering questions from senators today. Here's what she can expect.
1. Some observers believe that you view executive power expansively based mainly on service in President Bill Clinton’s White House. Do you have a theory of executive power? Has the “global war on terror” altered your perspectives on that authority or how the Court should treat suspected terrorists?
2. Do you have a theory of separation of powers, that Congress, the president and the courts enjoy primacy in the legislative, executive, and judicial spheres?
On Monday, in Free Enterprise Fund v. Public Company Accounting Oversight Board, the Court held that Congress’s establishment of a government auditing agency for publicly-traded companies violated separation of powers because it undermined the president’s executive power.
3. Do you have a theory of federalism, the relationship between the federal government and the states? How narrowly should the Court view Congress’s Commerce Clause power?
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