Walter Dellinger Endorses President (Clinton’s) Powers to Ignore Unconstitutional Statutes
Following up on the law prof's letter about NSA spying from last week, Andrew McCarthy of National Review Online has dug up a very interesting 1994 memo from Clinton's then-OLC chief Walter Dellinger arguing that the President has the authority to refuse to execute statutes that are unconstitutional. Dellinger's memo is actually not limited to foreign affairs statutes, but with...