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A Statutory National Security President, Amy L. Stein
A Statutory National Security President, Amy L. Stein
UF Law Faculty Publications
Not all presidential power to address national security threats stems from the Constitution. Some presidential national security powers stem from statute, creating complicated questions about the limits of these powers delegated to the President by Congress. Scholars who have explored ways to achieve the proper balance between responsiveness and accountability have generally focused on the proper degree of deference that courts should provide to the President interpreting statutory provisions, with little confidence in the utility and efficacy of statutory constraints.
This Article counters this narrative by arguing that a key to achieving this balance may lie in such constraints. Instead …