President/Executive Department Commons^™

How Presidents Interpret The Constitution, Harold H. Bruff

Publications

No abstract provided.

Elections, Ideology, And Turnover In The U.S. Federal Government, Alexander D. Bolton, John De Figueiredo, David E. Lewis

Faculty Scholarship

A defining feature of public sector employment is the regular change in elected leadership. Yet, we know little about how elections influence public sector careers. We describe how elections alter policy outputs and disrupt the influence of civil servants over agency decisions. These changes shape the career choices of employees motivated by policy, influence, and wages. Using new Office of Personnel Management data on the careers of millions of federal employees between 1988 and 2011, we evaluate how elections influence employee turnover decisions. We find that presidential elections increase departure rates of career senior employees, particularly in agencies with divergent …

Obama's Aumf Legacy, Curtis A. Bradley, Jack Landman Goldsmith

Faculty Scholarship

No abstract provided.

Hey America! Let's Get Smart: The Need For A Reliable Modern Smart Electrical Grid Resistance To Cyberattacks, Richard J. Kisielowski Ii

Catholic University Journal of Law and Technology

No abstract provided.

Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen

BYU Law Review

The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …

Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law

Life of the Law School (1993- )

Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements

Accountability And The Foreign Commerce Power: A Case Study Of The Regulation Of Exports, Richard R. Carlson

Georgia Journal of International & Comparative Law

No abstract provided.

Presidential Control Across Policymaking Tools, Catherine Y. Kim

Florida State University Law Review

Over the past quarter century, administrative law scholars have observed the President’s growing control over agency policymaking and the separation-of-powers concerns implicated by such unilateral exercises of power. The paradigmatic form of agency policymaking—notice-and-comment rulemaking—mitigates these concerns by ensuring considerable oversight by the courts, Congress, and the public at large. Agencies, however, typically have at their disposal a variety of policymaking tools with which to implement White House goals, including the issuance of guidance documents and the strategic exercise of enforcement discretion. While commentators have drawn attention to the risk that agencies will circumvent the extensive checks associated with rulemaking …

The Dependent Origins Of Independent Agencies: The Interstate Commerce Commission, The Tenure Of Office Act, And The Rise Of Modern Campaign Finance, Jed Handelsman Shugerman

Faculty Scholarship

Independent regulatory agencies are some of the most powerful institutions in the United States, and we think of them today as designed to be insulated from political control. This Article shows that their origins were the opposite: this model first emerged in the late nineteenth century because it offered more political control.

The modern executive's design of unitary presidential control over most offices, alongside "independent" regulatory agencies, took shape in the winter of 1886-1887. Congress repealed the Tenure of Office Act, giving the President the unchecked power to dismiss principal officers and ending the Senate's power to protect those officers. …

Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Deferred Action: Considering What Is Lost, Elizabeth Keyes

All Faculty Scholarship

This response to Professor Motomura considers what is lost through the elaboration of formally defined boundaries around prosecutorial discretion. Professor Motomura and others in this Issue rightly extol the many benefits of the President's November 2014 executive actions. While I share the view that those benefits are considerable, I believe a full accounting requires us to consider what gets lost in this process, including identification of the immigrants in the limbo space between the actions' prospective beneficiaries at the one end and those who are priorities for removal on the other. This Essay focuses on the cost that comes from …

Taking Care Of Federal Law, Leah Litman

Articles

Article II of the Constitution vests the “executive power” in the President and directs the President to “take Care that the Laws be faithfully executed.” But do these provisions mean that only the President may execute federal law? Two lines of Supreme Court precedent suggest conflicting answers to that question. In several prominent separation-of-powers cases, the Court has suggested that only the President may execute federal law: “The Constitution requires that a President chosen by the entire Nation oversee the execution of the laws.” Therefore, the Court has reasoned, Congress may not create private rights of action that allow nonexecutive …

Arms Control: Salt Ii- Executive Agreement Or Treaty?, Keith E. Fryer, J. Michael Levengood

Georgia Journal of International & Comparative Law

No abstract provided.

Presidential Impoundment Of Funds: A Constitutional Crisis, Gerald A. Figurski

Akron Law Review

It seems that our maligned Congress, so docile at times in the face of presidential aggrandizement of power, is forging a constitutional crisis. The basic issue involved is whether the President has authority, either constitutional or statutory, to refuse to spend funds appropriated by Congress. The questions pursued in the following pages are basically four: does the President have the (1) statutory, (2) historical, (3) case, or (4) constitutional authority to continue to impound?

Executive Privilege: A Review Of Berger, R. H. Clark

Akron Law Review

RAOUL BERGER HAS ONCE AGAIN placed within a solidly professional framework an issue of considerable public interest and debate. As was the case with impeachment,' Berger's scholarly study on executive privilege brings to the controversy surrounding the issue a much needed analytical construct and massing of evidence which can only result in a greater level of general understanding. Although it is not accurate to suggest that Berger is neutral on the topic, since he published a significant study as far back as 1965 attacking the concept, 2 his method of massing every conceivable argument and piece of evidence on both …

New Patterns In Judicial Control Of The Presidency: 1950'S To 1970'S, P. Allan Dionisopoulos

Akron Law Review

NEW PATTERNS IN JUDICIAL CONTROL of the presidency have emerged since the early 1950's, permitting us to question the validity of the usual commentaries of constitutional scholars.' For the most part, these commentaries have focused upon the infrequency and inefficacy of judicial checks upon presidential powers, claiming that they operate only upon minor issues or in cases arising under unique circumstances. For example, Professor Schubert has stated that Americans expect the Supreme Court to "uphold the majesty of the law against the pretensions of a usurper." However, he adds that such an expectation is not supported by history, since "in …

New Patterns In Judicial Control Of The Presidency: 1950'S To 1970'S, P. Allan Dionisopoulos

Akron Law Review

NEW PATTERNS IN JUDICIAL CONTROL of the presidency have emerged since the early 1950's, permitting us to question the validity of the usual commentaries of constitutional scholars.' For the most part, these commentaries have focused upon the infrequency and inefficacy of judicial checks upon presidential powers, claiming that they operate only upon minor issues or in cases arising under unique circumstances. For example, Professor Schubert has stated that Americans expect the Supreme Court to "uphold the majesty of the law against the pretensions of a usurper." However, he adds that such an expectation is not supported by history, since "in …

The Legal And Political Foundations And Meaning Of President Wilson's Great Western Tour, H. Newcomb Morse

Akron Law Review

September 4, 1919 is a red-letter date in history. On that date President Woodrow Wilson, wearing a sailor straw hat after Labor Day revealed his famous smile when he arrived in Columbus, Ohio. There, he delivered the first of forty-two speeches which concluded on September 25, in Pueblo, Colorado. Those twenty-two days marked the most memorable train trip in history - President Wilson's Great Western Tour: a journey through sixteen states aboard the special seven-car Presidential train, the Mayflower. The train was aptly named, for the President's speaking tour symbolized the hope of the world, just as the Pilgrims' hope …

In Re: Grand Jury Proceedings: The Semantics Of "Presumption" And "Need", James M. Popson

Akron Law Review

This note analyzes the District Court of the District of Columbia’s application of the doctrine of executive privilege in In re Grand Jury Proceedings. Part II provides a brief history of executive privilege and discusses precedents that impacted the court’s decision. Part III indicates the procedural posture of the case and sets forth the substantive facts. Part IV discusses the court’s analysis of the executive privilege issue in light of recent District of Columbia Circuit Court decisions. Part V concludes that In re Grand Jury Proceedings bolstered the notion of a presumption in favor of the privilege, while observing that …

Aumf Panel Transcript, Rosa Brooks, Benjamin Wittes

Pepperdine Law Review

No abstract provided.