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Federalizing D.C. | Live From the Alaska Federal Bar Association

Advisory Opinions

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Legal Nuances of National Guard and Presidential Authority

This chapter examines the intricate legal framework surrounding National Guard deployment and their engagement rules in civilian scenarios. It also analyzes the legal challenges faced by the Trump administration regarding tariff powers, alongside a discussion of a 28J letter aimed at justifying presidential authority under the International Emergency Economic Powers Act. The chapter further explores the evolving judicial perspectives on irreparable harm in executive actions, highlighting significant legal precedents and implications for government policy enforcement.

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