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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The difficulty in drawing a line between superior and inferior officers is illustrated
in the independent counsel case Morrison v. Olson.59 Under the former Ethics in
Government Act, when the attorney general determined that there were ...
On the other hand, if the independent counsel were considered only an inferior
officer, then Congress arguably would have respected the constitutional structure
by vesting that appointment in the courts of law. As the Court in Morrison said, ...
The issue came to a head in the independent counsel case Morrison v. Olson.
135 Congress in creating the Office of Independent Counsel provided that the
independent counsel could be removed by the attorney general only for cause,
137 Indeed, the Court acknowledged that “[t]here is no real dispute that the
functions performed by the independent counsel are 'executive' in the sense that
they are law enforcement functions that typically have been undertaken by
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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