2006 ACS National Convention Panel Discusses
"Separation of Powers: Restoring the Balance Among the Branches"
At this year's National ACS Convention, June 15-18, the Constitutional Interpretation and Change Issue Group is sponsoring several timely sessions addressing effective and accessible methods of constitutional interpretation. The issue group will also meet for a planning session on Saturday, June 17th from 11:00-12:30pm.
The following are brief descriptions of the panels and focus attention on ways that will promote full meaning to the guarantees contained in the Constitution. For dates and times please see our complete convention schedule.
Checks and Balances: Keeping Faith with the Constitution
In an era where partisan affiliations seem to affect political actions far more than institutional loyalties, can there be meaningful checks and balances? How do we ensure oversight in an era of increased partisanship and secrecy? To what extent should we even consider formal separation of powers principles apart from the merits of a proposed governmental action? What is the appropriate role for courts in maintaining checks and balances and when is it appropriate for courts to look to history (either from the founding or at other times) in making its decisions? And how do separation of powers principles play out when the specific text of the Constitution is not at issue? The panel will explore the principles underlying the theory of separation of powers and how those principles can and should play out today.
Representing the High-Profile Client
This panel will discuss the highlights and challenges that come with representing a high-profile client. Panelists will explore different strategies unique to such representation, including dealing with the media, protecting client privacy and shaping public opinion. Panelists will address questions such as: What factors influence an attorney's relationship with the press? How do ethical rules and court orders influence that relationship? How does representing a client in, for example, a criminal matter, vary from representing a client on a family law issue? Are there types of clients who are easier or harder to represent? And how does an attorney prevent a situation where he or she becomes an object of attack? This panel will bring a first-hand perspective on lawyering in a newsworthy case.
How to Talk About the Law
This panel will address how to articulate legal messages to the public in a convincing, straightforward way. Panelists will discuss how to explain the importance of legislation and court decisions to the public, how to prepare for and respond to political backlash to judicial decisions and how to frame the debate on contentious legal issues. Panelists will explore strategies that have been particularly effective in the past and discuss new strategies going forward.
On June 16, ACS hosted a panel at the 2006 National Convention exploring some of the activities in which the Executive Branch has engaged since 9/11 pursuant to expansive assertions of presidential authority, including the expanded use of presidential signing statements, warrantless domestic surveillance, enemy combatant designations, military tribunals and torture. The discussion also examined what factors prevented Congress and the Courts from asserting greater checks on executive power and possibilities about how we might return to a government of three co-equal branches.From left to right, panelists included:
- Dawn Johnsen, Professor of Law, Indiana University School of Law-Bloomington;
- Ronald Weich, Senior Counsel to U.S. Senate Minority Leader Harry Reid (D-NV);
- Harold Koh, Dean, Yale Law School; former Assistant Secretary of State for Democracy, Human Rights and Labor;
- Senator Gary Hart, Professor of Public Affairs, University of Colorado; former U.S. Senator (D-CO);
- Beth Nolan, Crowell & Moring LLP; former White House Counsel; and
- Douglas Kmiec, Professor of Law, Pepperdine University School of Law.
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