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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As an incident of functional control, the removal and appointment powers work
together: if the president can remove officials at will the appointment power is
less critical; ... Yet, the Constitution omits any discussion of the removal authority.
had the right to remove the officer for any reason whatsoever.111 In a closely
contested vote, Congress granted the president the plenary removal authority
over the secretary of foreign affairs.112 But, the statutory direction did not reveal
117 Although Congress at times might have good reasons to insulate particular
executive officials from the president's removal authority, the president must have
the power to remove such officers at least if the officers are incompetent or ...
His foes came within one vote of convicting him in the Senate, the closest that
any president has ever come to removal from ... United States the Supreme Court
addressed whether the president could exercise plenary removal authority over a
Congress's bill to create an IRS Oversight Board triggered an unusual question of
whether Congress can direct some private entity to share in the removal authority
. Under the proposed bill, once a representative of the Internal Revenue ...
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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