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9780814747827 Academic Inspection Copy

Presidential Powers

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Originally articulated in Article II of the Constitution, presidential powers are dictated today by judicial as well as historical precedent. To better 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. Krent's examination is sweeping, ranging from the president's ability to appoint and remove executive branch officials, to the president's role in proposing and implementing treaties and the power to conduct war, to the extent the president can refuse to turn over information in response to congressional and judicial requests. Finally, Krent addresses the history and purposes of presidential pardons. By drawing on historic and contemporary presidential actions to illustrate his points, Krent reminds us that the president is both an exalted leader with the regalia of power and an American who is and should be accountable to fellow citizens - important considerations as we elect and assess our presidents.
ContentsAcronyms and Abbreviations Introduction 1 The President's Power to Execute the Laws Passed by Congress A. Presidential Participation in the Legislative Process-The Veto Power B. Degree of Centralized Control over Law Enforcement C. The President's Appointment Power D. The President's Removal Authority E. Presidential Controls under Article II over Rulemaking and Litigation F. Delegations outside the Executive Branch G. One Final Check: Congressional Appropriations Power 2 The Executive's Power over Foreign Affairs A. The Treaty Power B. War Powers C. The Role of Judicial Oversight 3 The Protective Power of the PresidentA. Exercise of War-Type Power in the Face of Domestic Disturbances B. Curtailment of Rights Domestically during Time of WarC. Emergency Measures to Protect Governmental Personnel and Property 4 Presidential Immunities and Privileges A. Immunity from Suit B. Executive Privilege 5 The Pardon Power A. Congressional Interference B. General Separation of Powers Concern C. Pardon Based on Legal Disagreement D. Scope of Judicial Review E. Conditional Pardons Conclusion Notes Bibliography Index About the Author and Acknowledgments
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