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The Temptation Of Executive Authority: How Increased Polarization And The Decline In Legislative Capacity Have Contributed To The Expansion Of Presidential Power, Edward G. Carmines, Matthew Folwer
The Temptation Of Executive Authority: How Increased Polarization And The Decline In Legislative Capacity Have Contributed To The Expansion Of Presidential Power, Edward G. Carmines, Matthew Folwer
Indiana Journal of Global Legal Studies
This paper argues that our increasingly polarized politics has led to political stalemate and policy gridlock in Congress which, in turn, have contributed to a change in the balance of power between the executive and legislative branches of government; specifically, executive power has increased at the expense of a diminished legislature. The paper will trace the extent to which Congress has become increasingly polarized and how this increased polarization has reduced Congress's capability and productivity while simultaneously increasing policy gridlock resulting in the expansion of executive power (and judicial authority) relative to legislative authority
Regulating The Commander In Chief: Some Theories, Saikrishna Prakash
Regulating The Commander In Chief: Some Theories, Saikrishna Prakash
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Lost Constitutional Moorings: Recovering The War Power, Louis Fisher
Lost Constitutional Moorings: Recovering The War Power, Louis Fisher
Indiana Law Journal
For the past half century, Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or at any time thereafter. Similar false claims of authority have been made by Presidents since that time. These constitutional violations have been assisted …
The Executive And The Avoidance Canon, H. Jefferson Powell
The Executive And The Avoidance Canon, H. Jefferson Powell
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.
Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen
Foreword To: War, Terrorism And Torture: Limits On Presidential Power In The 21st Century Symposium, Dawn E. Johnsen
Indiana Law Journal
Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.