Jacob Levy

Student Loan Reform And Intellectual Corruption
March 31, 2010

Jacob Levy marvels at the way conservatives have portrayed President Obama's student loan reform as a "Soviet-style takeover": Notice that banks would be free to continue to make student loans. And they're not having their existing assets taken. All they're losing is the ability to make publicly subsidized student loans in the future. A comparison with Soviet nationalization is just nuts. The old system consisted of guaranteed loans -- the government would pay private banks to lend money to students for tuition, and guarantee their losses if the students defaulted.

Congress Can Limit Wars Through The Appropriations Power
and
January 15, 2007

by Cass SunsteinIn response to Jacob Levy's generous invitation: The likely answer is that Congress can refuse to appropriate funds for the "surge," and can, in that sense, forbid the president from doing what he seeks to do. As a general rule, Congress has the power to authorize appropriations as it sees fit, and if it forbids use of funds for an increase in the use of military personnel in Iraq, it is constitutionally secure. (I am not discussing the policy issues here in any way.) But there are some complexities here.