536 536 1982 The Wine article quotes William Bradford Reynolds as saying

536 536 1982 the wine article quotes william bradford

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NAT'LJ. 536, 536 (1982). The Wine article quotes William Bradford Reynolds as saying, "[tlhere's a growing sense that the agencies that enforce civil rights laws have been overly intrusive." Id. In addition, the SmithJustice Department opposed the denial of tax-exempt status to racially discriminatory universities and fought the 1982 amendments to the Voting Rights Act. See DONALD G. NIEMAN, PROMISES TO KEEP 216-217 (1991). 4 See Wines, supra note 73, at 536 (noting that "the Justice Department's Civil Rights Division [is] the key federal agency for enforcement of anti-discrimination laws."). 75 See Guinier, supra note 72, at 402. 76 For example, two of the key opponents of the amendments to section 2 of the Voting Rights Act were Attorney General Smith and Assistant Attorney General Reynolds. See Chandler Davidson, The Voting Rights Act: A Brief History, in CONTROVERSIES IN MINORITY VOTING 7,39 (Bernard Grofman & Chandler Davidson eds., 1992). 77 See FISHER, supra note 56, at 139. Fisher states: Much of the original legislative power vested in Congress is now exercised, as a practical matter, by executive agencies, independent commissions, and the courts. The President's legislative power, invoked on rare occasions in the early decades, is now discharged on a regular basis throughout the year in the form of executive orders, proclamations, and other instruments of executive lawmaking. Id; see also MILLER, supra note 27, at 84 ("In terms of sheer volume, presidential and administrative rule-making out-number by far the statutes passed by Congress each year.. ").
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CONGRESSIONAL TERM LIMITS signed by the president. 78 Although the president cannot promul- gate executive orders that violate the Constitution or statutes, "since both are couched in nebulous terms, he has a wide area in which to maneuver." 7 9 Congress can attempt to block such orders by passing a law negating their effectiveness, but this process requires a majority vote of both houses of Congress and the president's signature, or in the case of a veto, a two-thirds override of both houses. 80 4. Legislation Through Judicial Appointments Just as the president's interpretation of the Constitution and laws gives him the power of a legislator, the "the Supreme Court, as well as other Federal courts, are lawmakers." 81 Since the president appoints Supreme Court justices and other federal judges, "[hie thus is an influential, albeit indirect, lawmaker, a participant in the continuing process of updating the Constitution." 82 Most Supreme Court appointments, particularly as evinced in recent years, are political appointments. 83 Moreover, "[w]ith his power to fill vacancies in the federal judiciary, a president can put an imprint on government felt long after he leaves the White 7 8 See RUTH P. MORGAN, THE PRESIDENT AND CIVIL RIGHTS 4 (1970) ('[P]olides established by Executive order have the force of law, even if some scholars dispute their status as 'law'.").
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