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Articles 31 - 41 of 41
Full-Text Articles in President/Executive Department
The Limits Of Executive Power, Robert J. Reinstein
The Limits Of Executive Power, Robert J. Reinstein
American University Law Review
Justice Jackson’s concurring opinion in The Steel Seizure Case has taken on iconic status among legal scholars and had been adopted by the Supreme Court as the governing framework for evaluating presidential power. But Jackson’s principles are conclusory, do not rest on any historical foundation, and raise as many questions as they answer. He fails to examine, much less justify, the existence or scope of implied presidential powers, nor does he meaningfully explain the extent to which those powers are subject to congressional regulation and override. I apply novel originalist methodologies to answer those unexamined questions, with important consequences to …
What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen
What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen
Articles by Maurer Faculty
President George W. Bush and his executive branch lawyers have earned widespread criticism for extreme positions and practices regarding the scope of presidential authority. The war on terror that followed the September 11, 2001 terrorist attacks provided the context for their most controversial claims of unilateral authority: to override legal prohibitions on the use of torture and cruel, inhuman and degrading treatment; to hold "enemy combatants" indefinitely without access to counsel or any opportunity to challenge their detention; and to engage in domestic electronic surveillance without a court order. Our nation's welfare and integrity depend upon continued evaluation, response, and, …
Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Executive Power In The War On Terror, David Cole
Reviving The Nixon Doctrine: Nsa Spying, The Commander-In-Chief, And Executive Power In The War On Terror, David Cole
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Articles by Maurer Faculty
This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issue of executive power: how the President best fulfills his constitutional responsibilities when confronted with the enforcement of a statute that he believes is unconstitutional. What should the President do if he believes enforcing a statutory provision would violate the Constitution? Should, for example, a President comply with a congressional command that he believes would violate the constitutional rights of individuals or compromise presidential power? The article examines the two prevailing approaches …
The Protective Power Of The Presidency, Henry Paul Monaghan
The Protective Power Of The Presidency, Henry Paul Monaghan
Faculty Scholarship
Walter Bagehot's still-admired study of the English Constitution distinguished between its "dignified" and "efficient" parts. Bagehot argued that the English Constitution's "dignified" theory of parliamentary supremacy masked the (then) dominant reality of cabinet government. Attacking what he described as the "literary" theory of the American Constitution, Woodrow Wilson posited a similar distinction. Writing in 1885, Wilson asserted that the "literary" theory of American government embodied in Federalist's "ideal checks and balances of the federal system" obscured its efficient principle: "government by the chairmen of the Standing Committees of Congress." An ardent admirer of ministerial government, Wilson especially lamented the condition …
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Publications
No abstract provided.
Presidential Emergency Powers Related To International Economic Transactions, Mary M.C. Bowman
Presidential Emergency Powers Related To International Economic Transactions, Mary M.C. Bowman
Vanderbilt Journal of Transnational Law
On December 28, 1977, President Carter signed into law Public Law 95-223, an act "[w]ith respect to the powers of the President in time of war or national emergency." The primary purpose of the Act is to revise the Trading With the Enemy Act of 1917 (TWEA), and thus to restrict presidential authority to respond to emergencies related to international economic transactions. The Act is the latest product of a continuing congressional effort to readjust the balance of power between the two branches of government. The War Powers Resolution and the National Emergencies Act were earlier pieces of legislation intended …
The Continuing Presidential Dilemma, Thomas Blau
The Continuing Presidential Dilemma, Thomas Blau
Vanderbilt Law Review
The problems of the Presidency are not new. The transformation has occurred in the evaluation of such behavior and especially in the concept of the proper balance between the Presidency and Congress.Changing personalities in office may account for much of the evolution of the institutional critiques. Organizing the Presidency--much to Stephen Hess's credit--does not participate in the simplistic version of this dialectic. Despite having served on the staffs of two Presidents, he calls for a drastic diminution in the power of the White House staff in favor of its rival, the Cabinet. An effective Presidency, in his view,requires a more …
The Presidency And A Pluralism Of Power, George S. Mcgovern
The Presidency And A Pluralism Of Power, George S. Mcgovern
Kentucky Law Journal
No abstract provided.
Presidential War-Making, Henry Paul Monaghan
Presidential War-Making, Henry Paul Monaghan
Faculty Scholarship
The Vietnam "war" has convinced many persons that the president of the United States claims apparently unlimited power to commit this country to war. Not surprisingly, therefore, considerable interest has focused on the powers that inhere in the presidency. And many critics of the war – those who in other times and in other contexts might have been sympathetic to a spacious conception of presidential power – have concluded that the Vietnam conflict is not only a tragic error, but is the direct result of unconstitutional conduct by the president. I cannot accept this view; at bottom, it seems to …
Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.
Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.
Michigan Law Review
The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.