(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.
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 discretionary authority.
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.