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Articles 1 - 3 of 3
Full-Text Articles in President/Executive Department
Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent
Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent
Chicago-Kent Law Review
No abstract provided.
Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss
Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss
Chicago-Kent Law Review
No abstract provided.
Prosecutors At The Periphery, Peter M. Shane
Prosecutors At The Periphery, Peter M. Shane
Chicago-Kent Law Review
Contrary to so-called unitary executive theory, Article II does not guarantee presidents the power to control federal criminal prosecution, a supervisory role Congress has placed by statute with the Attorney General. Nor is Congress without authority to protect federal prosecutors from policy-based dismissals. Rule-of-law values embodied in our system of checks and balances could alone justify these conclusions. But the same conclusions follow also from close attention to the entirety of the relevant constitutional text and from an understanding of how the Founding generation would have understood the relationship between executive power and criminal prosecution. In contemplating the newly proposed …