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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Nor does it mention whether judges can review presidential actions for
conformance with constitutional requirements. Resolution of such questions must
stem from considerations of history and structure. Although the debates
surrounding the ...
When civics courses teach that Congress makes law, the president enforces the
law, and judges interpret law, they miss the critical function that the Constitution
assigns to the president in the lawmaking process: Congress must present all
Nonetheless, Congress created the office by statute, and vested the power to
appoint the judges in the chief judge of the United States Tax Court, which is an
Article I tribunal—its judges do not have the salary and tenure protections
United States.70 There, in considering whether judges on the Coast Guard Court
of Criminal Appeals should be ... 71 Because the Coast Guard judges could be
removed without cause by the judge advocate general of the Coast Guard,72 ...
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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