Liza Goitein and Bob Loeb on State Secrets
The Lawfare Podcast
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Does Congress Have Constitutional Authority to Legislate?
The only time that congress is disabled from legislating on a matter in which there is some kind of article to authority is if congress itself has no authority over the subject matter. I'm also not sure that it's going to be that easy to escape this question of whether congress can d not con overrule the state secrets privilege, but create this other way of dealing with state's state secrets. It seems that congress does have its own constitutional authority to legislate at inthi area. But i'm worried about what the old i'll end by asking both of you, and liza, maybe you can go first, what can we expect from oral arguments in this case?
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