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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Article II itself is quite vague, never defining the “executive” power with specificity.
The discrete powers granted to ... for instance, does it specify whether Congress
or the president can remove executive branch officials. The Constitution also is ...
Others argue that independent officers are needed to carry out congressional
instructions faithfully and to ensure that the ... directly to him, he has only limited
power to influence the authority delegated to other executive branch officials.
The line between superior and inferior officers has yet to be drawn clearly, but
Morrison suggests that courts will look to ... executive branch, raising the question
whether Congress could direct heads of departments to appoint inferior officers ...
The remaining pivotal issue is how to define the “good cause” requisite for
removing most executive branch officials. A good cause standard prevents a
president from firing an official for arbitrary or vindictive reasons, and forces
disclosure of ...
accountable by the people for the exercise of authority by executive branch
officials. In addition to the appointment ... Not surprisingly, many presidents
successfully have enlisted independent officers in their policy initiatives.
Conversely, some ...
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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