Daniel Rice on the Logan Act & the Take Care Clause

In this episode, Daniel B. Rice, an Associate at Georgetown University Law Center Institute for Constitutional Advocacy and Protection, discusses his article "Nonenforcement by Accretion: The Logan Act and the Take Care Clause," which was published in the Harvard Journal on Legislation. Rice begins by explaining what the Logan Act is, how it was enacted, and its 220 year history of non-enforcement. He identifies 12 different reasons the executive branch has declined to enforce the Logan Act at different points in time, and explains why the "nonenforcement by accretion" creates a constitutional conflict with the Take Care Clause. Rice also reflects on the future of the Logan Act and the likelihood of its eventual repeal. Rice is on Twitter at @daniel_b_rice.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.