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.
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 ...
... the executive powers of a monarch but also intended the executive to be a
counterweight to legislative powers that many believed had expanded
dangerously in the years following the Revolutionary War.2 The lack of an
executive branch ...
22 Moreover, Congress has directed officials within the executive branch to
protect the public, whether from a terrorist threat abroad or from a narcotics threat
within. Congress under Article I enjoys the authority to determine the identity of
Although some executive orders stem from authority delegated by Congress,
most arise from the president's inherent authority under Article II to manage the
executive branch. As the D.C. Circuit recently explained: “Article II, § 1 of the ...
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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