Abstract
Response to Gerard Magliocca, The Gold Clause Cases and Constitutional Necessity
Courts don’t always do what the President wants, and sometimes the President wants to fight back. As Gerard Magliocca’s interesting article points out, Presidents have a range of options for political resistance. But what about their options for legal resistance? It turns out that the Constitution provides a narrow outlet for lawfully resisting the courts, and that Roosevelt’s contingency plan for the Gold Clause Cases might even have fit within it.
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