Question

In his concurring opinion Clinton v. City of New Your (1998), Justice Anthony Kennedy considered the broader question that the majority opinion avoided He stated:

“Separation of power helps to ensure the ability of each branch to be vigorous in asserting its proper authority … By increasing the power of the President beyond what the Framers envisioned, the statute compromises the political liberty of our citizens, liberty which the separation of powers seeks to secure.” Who made the stronger argument, the majority or Kennedy? Explain whether the Court was doing its duty in this case (interpreting the law), or overstepping by striking down a law passed by Congress.

Answer 1

The appellees have standing to challenge the Act's constitutionality. They invoked the District Court's jurisdiction under a section entitled "Expedited review," which, among other things, expressly authorizes "any individual adversely affected" to bring a constitutional challenge. § 692(a)(I). The Government's argument that none of them except the individual Snake River member is an "individual" within § 692(a)(I)'s meaning is rejected because, in the context of the entire section, it is clear that Congress meant that word to be construed broadly to include corporations and other entities. The Court is also unpersuaded by the Government's argument that appellees' challenge is nonjusticiable. These cases differ from Raines, not only because the President's exercise of his cancellation authority has removed any con-