US Army War College
Northwestern Pritzker School of Law
Chapman University
William & Mary Law School
Duke Law School
Georgetown University Law Center
University of the District of Columbia David A Clarke School of Law
Boston University School of Law
Florida State University College of Law
St. Mary's University School of Law
The President's Fourth Branch?,
2023
Boston College Law School
The President's Fourth Branch?, Bijal Shah
Fordham Law Review
Unitary executive theory has taken hold of the administrative state, motivated by the view that agencies constitute a rogue fourth branch of government. Emboldened by the U.S. Supreme Court, the President has begun to interfere with administrative accountability to important criteria including statutory procedural requirements that impact both public participation and administrative due process, the expectation that agencies engage neutral expertise to implement the law, and the obligations of judicial review. As a result, this Essay argues, rather than constituting a fourth branch that is unaccountable to the President, the administrative state has been encouraged by the President and courts …
The Diffuse Executive,
2023
University of Connecticut School of Law
The Diffuse Executive, Anya Bernstein, Cristina Rodriguez
Fordham Law Review
A unitary executive is an exacting ideal. It asks that all power in an administration be gathered in the person of the President, who should have full authority to determine the actions of officials and employees. Even if the President does not directly control every executive action (how could he?), when officials fail to implement presidential preferences, the unitary theory dictates that the President must have the power to remove them. The model posits a tightly organized hierarchy—every rung implementing the substantive decisions of the rung above, with orders flowing from the top: a command-and-control structure for government action. And, …
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy,
2023
Liberty University
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady
Liberty University Journal of Statesmanship & Public Policy
The United States bureaucracy began as only four departments and has expanded to address nearly every issue of public life. While these bureaucratic agencies are ostensibly under congressional oversight and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founding Fathers’ design of balancing legislative power in a bicameral Congress.
The Supreme Court holds an indispensable role in mitigating the overreach of executive agencies, yet the courts’ inability to hold bureaucrats accountable has diluted voters’ voices. Since the Supreme Court’s 1984 ruling in Chevron, U.S.A. v. Natural Resources Defense …
Defending Against Projects Of Faction: Reforming The Congressional Investigation Process,
2023
Catholic University of America (Student)
Defending Against Projects Of Faction: Reforming The Congressional Investigation Process, John Sullivan
Catholic University Law Review
Throughout American history, the power to investigate has been one of key powers of the U.S. Congress. This power, shaped by the Congress itself and the courts, has evolved into a critical tool used to hold parties accountable and to promote effective legislation for the American people. Yet as much as it can be used to further the interests of all Americans, so too can it be used to further a party’s own political agenda. Today, the congressional investigation process has become overly-politicized, misused for fundraising purposes, and overseen by members of Congress who are not investigators by trade.
As …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The National Security Consequences Of The Major Questions Doctrine,
2023
Duke University School of Law
The National Security Consequences Of The Major Questions Doctrine, Timothy Meyer, Ganesh Sitaraman
Michigan Law Review
The rise of the major questions doctrine—the rule that says that in order to delegate to the executive branch the power to resolve a “question of ‘deep economic and political significance’ that is central to [a] statutory scheme,” Congress must do so expressly—threatens to unmake the modern executive’s authority over foreign affairs, especially in matters of national security and interstate conflict. In the twenty-first century, global conflicts increasingly involve economic warfare, rather than (or in addition to) the force of arms.
In the United States, the executive power to levy economic sanctions and engage in other forms of economic warfare …
The Role Of U.S. Government Regulatioms,
2023
Purdue University
The Role Of U.S. Government Regulatioms, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.
Movement On Removal: An Emerging Consensus On The First Congress,
2023
Boston University School of Law
Movement On Removal: An Emerging Consensus On The First Congress, Jed Handelsman Shugerman
Faculty Scholarship
What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.
Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?
The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …
"You’Re Fired": Criminal Use Of Presidential Removal Power,
2023
University of Pennsylvania Carey Law School
"You’Re Fired": Criminal Use Of Presidential Removal Power, Claire Finkelstein, Richard Painter
Articles
This Article addresses a specific, but critically important aspect of presidential power: the intersection between the president’s power to remove executive branch officers and criminal laws that are generally applicable to both office-holders and non-office-holders alike. The question we ask is whether the president can obstruct justice by removing a presidential appointee who is investigating or prosecuting crimes of the president himself or of his associates. Can a president remove an appointee who refuses to work on behalf of the president’s re-election campaign even though it is a crime for anyone, including a president, to order or coerce a federal …
United States Of America V. Donald J. Trump, Defendant,
2023
Special Counsel, DOJ
United States Of America V. Donald J. Trump, Defendant, Jack Smith
U.S. Department of Justice Publications and Materials
Violations: Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States) Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding) Count 3: 18 U.S.C. §§ 1512(c)(2), 2 (Obstruction of and Attempt to Obstruct an Official Proceeding) Count 4: 18 U.S.C. § 241 (Conspiracy Against Rights)
The Grand Jury charges that, at all times material to this Indictment, on or about the dates and at the approximate times stated below:
1. The Defendant, DONALD J. TRUMP, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 …
Major Questions About Presidentialism: Untangling The “Chain Of Dependence” Across Administrative Law,
2023
Boston University School of Law
Major Questions About Presidentialism: Untangling The “Chain Of Dependence” Across Administrative Law, Jed Handelsman Shugerman, Jodi L. Short
Faculty Scholarship
A contradiction about the role of the president has emerged between the Roberts Court’s Article II jurisprudence and its Major Questions Doctrine jurisprudence. In its appointment and removal decisions, the Roberts Court claims that the president is the “most democratic and politically accountable official in Government” because the president is “directly accountable to the people through regular elections,” an audacious new interpretation of Article II; and it argues that tight presidential control of agency officials lends democratic legitimacy to the administrative state. We identify these twin arguments about the “directly accountable president” and the “chain of dependence” as the foundation …
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism,
2023
Pepperdine University
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
Journal of the National Association of Administrative Law Judiciary
The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg,
2023
Villanova University Charles Widger School of Law
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
Acting Cabinet Secretaries And The Twenty-Fifth Amendment,
2023
Brigham Young University, J. Reuben Clark School of Law
Acting Cabinet Secretaries And The Twenty-Fifth Amendment, James A. Heilpern
University of Richmond Law Review
The Twenty-Fifth Amendment of the United States Constitution contains a mechanism that enables the Vice President, with the support of a majority of the Cabinet, to temporarily relieve the President of the powers and duties of the Presidency. The provision has never been invoked, but was actively discussed by multiple Cabinet Secretaries in response to President Trump’s actions on January 6, 2021. News reports indicate that at least two Cabinet Secretaries—Secretary of State Mike Pompeo and Treasury Secretary Steve Mnuchin—tabled these discussions in part due to uncertainties about how to operationalize the Amendment. Specifically, the Secretaries were concerned that the …
The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends,
2023
University of St. Thomas, Minnesota
The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends, Karl C. Procaccini
University of St. Thomas Law Journal
No abstract provided.
Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses,
2023
University of St. Thomas, Minnesota
Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses, Paul J. Larkin
University of St. Thomas Law Journal
No abstract provided.
Clemency: Redeeming The Soul Of America,
2023
University of St. Thomas, Minnesota
Clemency: Redeeming The Soul Of America, Cynthia W. Roseberry
University of St. Thomas Law Journal
No abstract provided.
An Introduction To Clemency's Importance,
2023
University of St. Thomas
An Introduction To Clemency's Importance, Mark Osler
University of St. Thomas Law Journal
No abstract provided.
The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont,
2023
Pittsburg State University
The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis
Electronic Theses & Dissertations
This study serves as an analysis of the connections between Abraham Lincoln as President of the United States and John Charles Frémont as a Civil War general. Lincoln’s position within history is solid, unlike that of John C. Frémont. The thesis will elevate Frémont to a higher status as a historical figure by arguing that the emancipation edict that he issued for Missouri in August of 1861 would influence Abraham Lincoln’s preliminary emancipation proclamation of September 1862, even though Lincoln repealed Frémont’s decree. In biographies of each man, their interactions are merely a small part of the stories of their …
