President/Executive Department Commons^™

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel

Publications

No abstract provided.

Judicial Review And The President's Statutory Powers, Harold H. Bruff

Publications

No abstract provided.

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.

The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk

Indiana Law Journal

Symposium: Separation of Powers

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

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.

The President's Use Of Troops To Enforce Federal Law, George H. Faust

Cleveland State Law Review

The political genius of man has failed to solve one ancient and basic problem of politics. Briefly stated, it is as follows: What shall be the proper division of authority among governments? How much authority shall be given to a central government and how much shall be left to local or state governments?

Separation Of Powers Doctrine: Historical Sources, Albert Conway

NYLS Law Review

No abstract provided.

Political Questions: The Judicial Check On The Executive, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

Constitutional Law--Separation Of Powers--Issuance Of Municipal Charter By Circuit Court, W. E. P.

West Virginia Law Review

No abstract provided.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Legislation And Judicial Decision, Rudolf Stammler

Michigan Law Review

The discussions of the theme indicated by the title usually start from Montesquieu's theory of the three powers. This famous doctrine is developed in his work "De 1' esprit des lois" (1748) Bk. II, Ch. 6. This chapter is entitled "Of the English Constitution". It discusses however all states in general. In every state there are three sorts of powers, the legislative authority, the executive authority in matters dependent upon the law of nations, and the executive authority in everything dependent upon civil law. The last Montesquieu calls the judicial power, while the one mentioned in the second place is …