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Morrison v. Olson The purpose of this research is to examine Morr

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The purpose of this research is to examine Morrison v. Olson, 108 S.Ct. 2957 (1988), with a view toward setting forth the legal question addressed in the case by the Supreme Court, as well as the decision of the court and the rationale for that decision. The plan of the research will be to describe the legal and political background for the emergence of the case, and then to treat the issues in the case in a way that will explicate the basis on which the majority and minority opinions ultimately developed.

The case that ultimately became Morrison v. Olson arose from the Ethics in Government Act of 1978, which itself arose in the wake of the so-called Watergate scandal, which surfaced in 1972. As early as 1972, for example, when public perception of public officials was at a nadir, a case was being made "for clearer guidance in identifying major sources of unethical conduct," and for laws that would have the effect of clarifying public duties, authority, and responsibility (Bernstein, 1972, p. 341). The implementation of the act, signed in 1978, eventually included provision for an Office of Government Ethics; additionally, owing to a series of alleged improprieties and corruption on the part of federal officials in the executive branch, various special prosecutors were appointed to conduct investigations of such corruption from time to time. The controversial provision of the 1978 Act was that it established offices of independent counsels with power to investigate w

. . .
day, action by action, idea by idea control of the president . . . [T]he ruling 'sounds the death knell to the campaign waged by (conservative) legal theorists to gut the constitutional authority of the (regulatory) agencies' whose members serve fixed terms and may serve more than one administration" (Kamen, 1988, p. 1). In other words, political loyalty to the president, particularly where administration of laws preexistent when a particular administration assumed office, could not necessarily override the doctrine of loyalty to the requirements of law. This would override the notion that an executive branch, however duly elected, could declare something such as, for example, the Reagan Revolution, and simply negate or ignore at will policies and laws that it felt inappropriate. This is the suggestion made by Weigand (1989), who sees Morrison v. Olson as a reassertion of the integrity of the Constitution as a defining document, over the idiosyncratic governance notions of any particular administration. Morrison v. Olson was not, however, unanimous, and in the dissent of Antonin Scalia may be seen the conservative political response to a Supreme Court decision that had the effect of challenging the political prerogatives of a
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Some common words found in the essay are:
Morrison Olson, Supreme Court, Alexia Morrison, Oliver North, Justice Department, Congress Rehnquist's, Government Act, Rehnquist Constitution, Government Ethics, Law Review, morrison olson, separation powers, independent counsel, executive branch, kamen 1988, 1978 act, law review, kamen 1988 1, special prosecutors, supreme court, 1988 1, ethics government act, johnson 1988 2, law review 57, review 57 pp,
Approximate Word count = 3032
Approximate Pages = 12 (250 words per page)

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