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Executive Power In The Obama Administration And The Decision To Seek Congressional Authorization For A Military Attack Against Syria: Implications For Theories Of Unilateral Action, Kenneth R. Mayer
Utah Law Review
The primary axiom of the unilateral-powers literature is that the institutional setting and political incentives that confront presidents push them to seek maximum discretion over policy. The straightforward implication is that presidents will seek control (Terry Moe calls it autonomy)—always contentious given the competitive political authority at the heart of separation of powers, but necessary to them given their interests and position in the political system. Empirically, presidents are expected to (and do) act unilaterally, moving first to put their stamp on policy and process, shape institutional structures, and alter the status quo to shift government outputs toward their preferred …
Holding The President Accountable To Constitutional Limits, Louis Fisher
Holding The President Accountable To Constitutional Limits, Louis Fisher
Utah Law Review
As with Congress and the judiciary, presidents have access to powers expressly stated in the Constitution and those necessarily implied in those grants. In highly limited circumstances, presidents may also exercise a “prerogative” (i.e., unilateral action), but that authority is frequently misunderstood and subject to abuse. Unlike those in the other branches, presidents lay claim to a host of powers far beyond enumerated and implied powers. In seizing steel mills in 1952 to prosecute the war in Korea, President Harry Truman acted on what he called an “inherent” power that was not subject to judicial or legislative checks. Presidents Richard …
Managing Political Polarization In Congress: A Case Study On The Use Of The Hastert Rule, Holly Fechner
Managing Political Polarization In Congress: A Case Study On The Use Of The Hastert Rule, Holly Fechner
Utah Law Review
This Article discusses the ideological polarization of Congress and of the Republican Party in particular. The rise of the Tea Party widened the ideological spectrum of members of the Republican caucus in Congress, especially in the House. To retain his leadership position and balance the competing factions in his caucus, Speaker Boehner routinely used a political and procedural tool known as the Hastert Rule.9 The Hastert Rule provides that the Speaker of the House will not schedule a bill for a floor vote unless a “majority of the majority” favors the legislation.