NYU Press, 01/02/2005 - 279 páginas
Framed in Article II of the Constitution, presidential powers are dictated today by judicial as well as historical precedent. To understand the ways the president wields power as well as how this power is kept in check by other branches of government, Harold J. Krent presents three overlapping determinants of the president's role under the Constitution-the need for presidential initiative in administering the law and providing foreign policy leadership, the importance of maintaining congressional control over policymaking, and the imperative to ensure that the president be accountable to the public.
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To ensure greater initiative in administering the law, presidents increasingly have
sought to coordinate agency rulemaking and litigation. Through formal and
informal rulemaking, agencies issue the thousands of rules each year that control
With the increase in broad delegations during the New Deal and the proliferation
of agencies, the challenges of coordination became much more acute. Both FDR
and Truman suggested numerous steps to streamline and reorganize the ...
Each agency, however, retained its statutory authority to issue the final regulation
. Neither President Reagan nor his successor President Bush ever applied the
order to major rules of independent agencies. Nevertheless, the impact of the ...
Moreover, the order required agencies at the beginning of the year to forward a
regulatory plan to OMB to summarize each ... Upon receipt of agency plans, OMB
was to “provide meaningful guidance and oversight so that each agency's ...
Under current doctrine, therefore, presidents likely cannot discharge the head of
an independent agency for refusing to adhere to an executive ... Congress has
never forbidden the president to influence the rulemaking of executive agencies.
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2 The Executives Power over Foreign Affairs
3 The Protective Power of the President
4 Presidential Immunities and Priviledges
5 The Pardon Power