(241) But allowing the president to target Aulaqi for extrajudicial killing presents its own danger, as it establishes a broad and unreviewable
killing power with potential for error and abuse.
(1) Jurisdiction stripping occurs when Congress classifies specific legislative or administrative actions as unreviewable
by the courts.
That is why the executive has discretionary pardon and charging power, why the legislature has the freedom not to criminalize conduct, and the jury has the unreviewable
power to acquit.
The Obama administration's position "would allow the executive unreviewable
authority to target and kill any U.S.
The consequence of accepting the government's argument is that the president will have the unreviewable
authority to order the assassination of any citizen of the United States" [without judicial review].
by an agency not to take enforcement action are generally unreviewable
The American prosecutor represents a local jurisdiction and his or her office is endowed with unreviewable
It is intolerably dangerous to give judges the unreviewable
power to decide how powerful they are.
Thus, this essay suggests that a heretofore underappreciated aspect of executive power is that of the anti-judicial (or "unreviewable
") Executive--the idea that arguments against judicial power, especially in habeas cases, inevitably reduce to arguments in favor of presidential prerogative.
But that abuse is unreviewable
on appeal, the court held, where defendants have exercised their right not to testify at trial.
The fallacy is in equating the need for bureaucracy when governments involve themselves in numerous areas of society and the economy with the fact that the authority actually delegated becomes unlimited or unreviewable
and a grant of power of decision-making or to create other law based not on the actual grant of power but on what bureaucrats may consider the broad statutory purpose of the legislation to be.
In no other court are decisions so rarely appealed, rendering decisions by juvenile court judges effectively unreviewable
. Unlike other areas of the law, there is almost no body of appellate law to guide juvenile court decision-making.