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No. Congress, in the Federal Food, Drug and Cosmetic Act, gave the the power to regulate drugs to the FDA, not the President. In addition to giving the FDA jurisdiction, Congress also set up requirements and procedures that the FDA must use to classify and reclassify drugs. (The FDA, acting under the APA and other statutes, has engaged in further procedural ...


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POTUS is not generally above the law, even the law of a state that he is visiting. The main question here is whether there was a clear violation of the law, and if so, what could be done about it. The claim that there is a violation of the law rests on this executive order. Before getting into the details of the order, there is a standard legal question as ...


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The law on sanctioning Presidents for contempt remains unsettled. As a matter of legal doctrine, there are powerful constitutional arguments, rooted in the separation of powers and checks and balances, on both sides. As a matter of prudence, both judges and administrators go out of their way to find accommodations that avoid raising these constitutional ...


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