Presidential Powers

by Krent, Harold J.

• ISBN13: 9780814747827
• ISBN10: 0814747825
• Format: Hardcover
• Copyright: 2005-02-01
• Publisher: New York University Press

Summary

View the target=_blank>Table of Contents. Read thetarget=_blank>Introduction.A very valuable work. In a highly accessible way, Harold Krent surveys a wide array of topics involving the authority of the modern presidency, drawing on examples from the earliest days of our Republic to the present. He takes often difficult and complex issues and makes them easily comprehensible so that his book should be of great use to both scholars and newcomers to this field. Having been personally involved in several of the litigation matters Krent uses as examples to illustrate his points, I can attest to the breadth of his knowledge and the quality of his analysis. Put simply, this book is thoughtful, lucid, and well written.--Douglas Letter, United States Department of JusticeKrent has written an outstanding book that is sure to become the foundation work for understanding the scope of presidential power, and its ambiguous and important cognate 'executive' power. He is careful to nest his discussion in a broad context that includes other important actors - public and private - that, through their own interaction and with the president and executive branch, affect and indeed on occasion dictate what the president may or may not do. A must read for anyone interested in how our repudiation of a monarchy was and remains balanced against the need for a strong executive.--Nicholas Zeppos, Provost and Vice Chancellor for Academic Affairs and Professor of Law, Vanderbilt UniversityKrent's mastery of both the history and the law surrounding presidential power assures that the book will be a significant and unique contribution to its field.--William Marshall, University of North Carolina School of LawInformative and helpful for clarifying (one's) thinking about executive power issues. It is well structured and well documented.--Law and Politics Book ReviewFramed 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.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.

Author Biography

Harold J. Krent is Dean and Professor of Law at Chicago-Kent College of Law.

Table of Contents

Acronyms and Abbreviations	vii
Introduction	1	(16)
The President's Power to Execute the Laws Passed by Congress	17	(68)
Presidential Participation in the Legislative Process---The Veto Power	17	(3)
Degree of Centralized Control over Law Enforcement	20	(4)
The President's Appointment Power	24	(12)
The President's Removal Authority	36	(12)
Presidential Controls under Article II over Rulemaking and Litigation	48	(21)
Delegations outside the Executive Branch	69	(8)
One Final Check: Congressional Appropriations Power	77	(8)
The Executive's Power over Foreign Affairs	85	(48)
The Treaty Power	91	(20)
War Powers	111	(13)
The Role of Judicial Oversight	124	(9)
The Protective Power of the President	133	(28)
Exercise of War-Type Power in the Face of Domestic Disturbances	137	(4)
Curtailment of Rights Domestically during Time of War	141	(8)
Emergency Measures to Protect Governmental Personnel and Property	149	(12)
Presidential Immunities and Privileges	161	(28)
Immunity from Suit	162	(11)
Executive Privilege	173	(16)
The Pardon Power	189	(26)
Congressional Interference	194	(2)
General Separation of Powers Concern	196	(3)
Pardon Based on Legal Disagreement	199	(2)
Scope of Judicial Review	201	(4)
Conditional Pardons	205	(10)
Conclusion	215	(4)
Notes	219	(42)
Bibliography	261	(8)
Index	269	(10)
About the Author and Acknowledgments	279