President/Executive Department Commons^™

The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of "The Sweeping Clause", William W. Van Alstyne

Faculty Publications

No abstract provided.

The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill

Faculty Articles and Papers

No abstract provided.

Constitutional Allocation Of The War Powers Between The President And Congress: 1787-88, W. Taylor Reveley Iii

Faculty Publications

For some time the international community has been keenly interested in the foreign uses to which America puts its military. The nature of these uses has traditionally been affected by the manner in which the Constitution divides the war powers between the President and Congress. This allocation of war-peace authority, in tum, is the product of a number of influences, among them the intentions of the Framers and Ratifiers for the text which they drafted and approved. Their war-power debates, as we shall see, have heavy international overtones.These debates have not been neglected, especially during America's recent involvement in Indochina. …

M. Caldwell Butler Audio Diary, August 8, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary With Thomas Mooney Re July 23, 1974, M. Caldwell Butler

Butler-Mooney Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 27-31, 1974, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary With Thomas Mooney Re July 25-27, 1974, M. Caldwell Butler

Butler-Mooney Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 20-26, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 11-18, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 10, 1974, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, July 1&3, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, June 20, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, June 5-19, 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, May 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

M. Caldwell Butler Audio Diary, April 1974 - Transcript, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.

Book Review: Executive Privilege: A Constitutional Myth, Bernard Robert Adams

Cleveland State Law Review

Review of Executive Privilege: A Constitutional Myth, Raoul Berger, Cambridge, Harvard University Press, 1974.

President Nixon: Toughing It Out With The Law, William W. Van Alstyne

Faculty Scholarship

This paper examines President Nixon's handling of the Watergate scandal, arguing that Nixon's stance of "toughing it out with the law" was a common ploy used during his administration to extend the breadth of the issue in question. This expansion deflected attention away from the issue of the Constitutional limits on a president's power and was used to justify a broad spectrum of powers Nixon exercised during his presidency.

Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs

University of Michigan Journal of Law Reform

It has been suggested that in order to avoid this potential crisis statutory authority to veto nongermane riders be granted to the President. One author has contended that no such statute is needed, that the President presently has such power under Article I, Section 7 of the Constitution. On the other hand, bills have been introduced in both houses of Congress which might have specifically denied that power to the President. This article examines whether there is any constitutional ground on which the President could take the unprecedented action of separately vetoing congressional riders.

Congressional Power To Define The Presidential Pocket Veto Power, Arthur S. Miller

Vanderbilt Law Review

Two recent exercises of the "pocket veto" by President Nixon have evoked controversy over the constitutional distribution of power and responsibility for negativing congressional actions! On December 14,1970, Congress sent to the President Senate Bill 3418, the Family Practice of Medicine Act. The bill had originated in the Senate, which recessed at the close of business on December 22, 1970, until 12:00 o'clock noon on December 28. Before recessing, unanimous consent had been given the Secretary of the Senate to receive messages from the President during this period. At about the same time House of Representatives Bill 3571, a private …

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review (1956 - )

No abstract provided.

Policing The Executive Privilege, Keith Borman

University of Michigan Journal of Law Reform

In response to the increasing number of confrontations over the use of the executive privilege, Senator William Fulbright has placed before the Senate a bill designed to avoid the confusion that now exacerbates the tension between the legislative and executive branches of government. This relatively uncomplicated bill defines procedures for the assertion of the executive privilege and provides sanctions to be imposed when these procedures are abused or ignored. This note reviews the nature of the controversy between the two branches of government which has contributed to the introduction of the proposed legislation, and then proceeds to examine the provisions …

Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne

Faculty Publications

Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …

The Presidential Veto Power: A Shallow Pocket, Michigan Law Review

Michigan Law Review

Problems created by the uncertain scope of the President's pocket-veto power do not often arise, but neither are they a matter of purely academic interest. Indeed, two Senators who have questioned President Nixon's use of the pocket-veto power base their challenge on the ambiguous language of the pocket-veto provision. They argue that the pocket-veto provision was intended to apply only in circumstances involving a final adjournment at the end of a term or a session of Congress and was not intended to apply to brief adjournments-such as the 1970 Christmas recess-occurring within a session of Congress. Senator Kennedy contends that …

Judicial Control Over Passport Policy, Leon Hurwitz

Cleveland State Law Review

This paper is concerned with the judiciary's role in influencing both the procedure and substance of one particular aspect of foreign policy, namely, the passport policy of the State Department. That a decision regarding passports is a foreign policy decision has long been advanced by the President and Secretary of State. It is generally accepted that the issuance and regulation of passports is an integral part of the general conduct of American foreign relation

Presidential War-Making: Constitutional Prerogative Or Usurpation?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

The Constitution, Congress, And Presidential Elections, Albert J. Rosenthal

Michigan Law Review

It has been recommended by a prestigious commission of the American Bar Association and endorsed by the ABA's House of Delegates. The Bar Association of the City of New York, which had previously recommended a different proposed amendment, has now shifted its support to direct popular vote, as has Senator Birch Bayh, Chairman of the Subcommittee on Constitutional Amendments of the Senate Committee on the Judiciary. A Gallup poll indicates that 66 per cent of the nation supports this amendment, with only 19 per cent opposed.

It must be remembered, however, that a decision to amend the Constitution is, as …

Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review

Michigan Law Review

It is fair to conclude that the President, even in the absence of express congressional authorization, has constitutional authority indeed, a constitutional duty-to carry out those obligations assumed under the Micronesian trusteeship agreement. Execution of this agreement lies within the scope of the authority given the President by the faithful execution clause and by his independent constitutional powers in the area of foreign policy. Thus, it is next necessary to determine the scope of the president's authority under the trusteeship agreement.

Comment, John J. Sparkman

Villanova Law Review (1956 - )

No abstract provided.

Comment, Birch Bayh

Villanova Law Review (1956 - )

No abstract provided.

Comment, Karl E. Mundt

Villanova Law Review (1956 - )

No abstract provided.