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In Light of Both Myers V

Question 28

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In light of both Myers v. United States (1926) and Humphrey's Executor v. United States (1935), do you find Chief Justice Rehnquist's opinion for the majority in Morrison v. Olson (1988) persuasive? Why? Explain.
a. Justice Scalia wrote in dissent that the title of the statute being challenged in Clinton v. City of New York "has succeeded in faking out the Supreme Court." What did he mean?
b. On what basis did Justice Breyer argue in his dissent in the same case that "one cannot say that the Act 'encroaches' upon Congress's power?" Do you agree? Why?

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In light of both Myers v. United States ...

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