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The False Marking Statute Is Here To Stay

Law360 (March 10, 2011, 1:46 PM EST) -- The Federal Circuit in Stauffer left undecided the issue of whether § 292 violates the “take care” clause of Article II, § 3 of the Constitution because the issue was not properly raised below.[1] The argument is that § 292 violates the constitutional separation of powers set forth in the "take care" clause, which requires that the president "shall take care that the laws be faithfully executed."[2]

The separation of powers argument was carefully analyzed by the U.S. District Court for the Eastern District of Virginia...
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