The Yale Law Journal

Separation of Powers

Note

Reviving the Power of the Purse: Appropriations Clause Litigation and National Security Law

McKaye Neumeister

The President is increasingly the epicenter of national security decision making, a development in tension with the shared war-making power in the Constitution. This Note explores how Congress could use an Appropriations Clause lawsuit to reassert its constitutional prerogative against the President’…

Review

Multiplicity in Federalism and the Separation of Powers

Josh Chafetz

120 Yale L.J. 1084 (2011). 

The Ideological Origins of American Federalism

By Allison L. Lacroix

Cambridge, MA: Harvard University Press, 19th ed., 2010, PP. 312. $35.00.

Article

Government in Opposition

David Fontana

119 Yale L.J. 548 (2009).

In the past generation, in countries in all parts of the world, using all different forms of constitutional government, a new form of separation of powers has emerged in greater numbers, what this Article calls “government in opposition.” After democratic elections are …