Open Access. Powered by Scholars. Published by Universities.®

President/Executive Department Commons™

Open Access. Powered by Scholars. Published by Universities.®

Executive power

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 121 - 128 of 128

Full-Text Articles in President/Executive Department

Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg Dec 1981

Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg

Michigan Law Review

This Article addresses the substantial legal problems posed by Executive Order 12,291. Part I argues that the Order, taken as a whole or separated into its procedural and substantive components, violates the constitutional separation of powers. Drawing on the analytic framework outlined by Justice Jackson in the Steel Seizure case, Part I maintains that courts should demand clear congressional support for the Order's requirements. The available evidence, however, conclusively demonstrates Congress's intent to deny the President formalized, substantive control over administrative policymaking. As interpreted by the Supreme Court, moreover, the informal rulemaking provisions of the Administrative Procedure Act (AP A) …

Go to article

A Rejoinder, David E. Engdahl Jul 1975

A Rejoinder, David E. Engdahl

Indiana Law Journal

No abstract provided.

Go to article

The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi Jul 1975

The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi

Indiana Law Journal

No abstract provided.

Go to article

President Nixon: Toughing It Out With The Law, William W. Van Alstyne Jan 1973

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.

Go to article

The Nature And Extent Of Executive Power To Espouse The International Claims Of United States Nationals, Jesse W. Hill, Steven M. Lucas Jan 1973

The Nature And Extent Of Executive Power To Espouse The International Claims Of United States Nationals, Jesse W. Hill, Steven M. Lucas

Vanderbilt Journal of Transnational Law

International law is generally considered to be law that governs the conduct of sovereign states only. While individual private persons, both natural and juridical, undoubtedly are third-party beneficiaries of the rights and duties created by international law, those rights and duties, in the classical analysis, run only among sovereigns. Because rules of international law and treaties constitute obligations among or between sovereign states, a violation of international law imposes international responsibility not to the private parties who are injured by the violation but to the sovereign states of which they are members. Private parties, therefore, generally have no standing to …

Go to article

The Import Surcharge Of 1971: A Case Study Of Executive Power In Foreign Commerce, David Pollard, David A. Boillot Jan 1973

The Import Surcharge Of 1971: A Case Study Of Executive Power In Foreign Commerce, David Pollard, David A. Boillot

Vanderbilt Journal of Transnational Law

The importance of foreign trade in the conduct of foreign affairs demonstrates that many foreign commerce questions contain foreign affairs overtones. For example, President Nixon has recently noted that congressional restrictions on granting the Soviet Union most-favored-nation treatment would be "a hurdle to further detente." Although article I, section 8 of the Constitution vests the power to regulate foreign commerce in the legislative branch, the Congress has delegated a great deal of that power to the Executive. Moreover, it appears that the President possesses certain inherent powers in foreign commerce as a result of his extensive, albeit undefined, authority in …

Go to article

Power Of The President Over Foreign Affairs, Allen Welsh Dulles Apr 1916

Power Of The President Over Foreign Affairs, Allen Welsh Dulles

Michigan Law Review

In a recent article former Assistant Attorney General James M. Beck challenges the constitutionality of the measures which President Wilson has taken in the carrying out of the foreign affairs policy of this government. While his criticism is especially directed against the action of the President in appointing such confidential agents as John Lind and Colonel House without the consent of the Senate, he makes the sweeping assertion that the President must share the general control of foreign affairs with the Senate. Mr. Beck's position is clearly shown in the following quotations from his article: "Those provisions of the Constitution …

Go to article

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley Dec 1874

The Guarantee Of Order And Republican Government In The States, Thomas M. Cooley

Articles

A short time ago, the whole country was plunged into a condition of anxiety and excitement by the conflicting claims to the executive authority in one of the States, and by the preparations made, and measures set on foot, to support them.

Go to article

First Prev