Executing the Constitution: Putting the President Back Into the Constitution

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SUNY Press

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1 Public Law and the Executive Constitution
11
2 Venture Constitutionalism and the Enlargement of the Presidency
37
3 Executive Orders from Nixon to Now
53
4 The Significance of the Presidential Signing Statement
73
5 Executive Privilege in an Era of Polarized Politics
91
Presidential Aggrandizement of Constitutional Power
108
William Jefferson Clinton George W Bushand the Contemporary Face of Presidential Power
127
Reagans Constitutional Reconstructionand the Rehnquist Courts Federalism
153
The Paradoxes of Presidential Policy toward the Judiciary
181
War Powers in the Clinton and Bush Administrations
199
Signing Ignoring and Disobeying HelmsBurton
219
Conclusion
239
Contributors
243
Index
247
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Стр. 136 - And they that shall be of thee shall build the old waste places : thou shalt raise up the foundations of many generations ; and thou shalt be called, The repairer of the breach, The restorer of paths to dwell in.
Стр. 94 - President, the matter shall be transmitted to the Counsel to the President, who will advise the department head of the President's decision. 4. In the event of a Presidential decision to invoke executive privilege, the department head should advise the congressional agency that the claim of executive privilege is being made with the specific approval of the President.
Стр. 160 - That formula, based on subjective considerations of "natural justice," is no less dangerous when used to enforce this Court's views about personal rights than those about economic rights. I had thought that we had laid that formula, as a means for striking down state legislation, to rest once and for all in cases like West Coast Hotel Co.
Стр. 229 - When a court reviews an agency's construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter, for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.
Стр. 201 - President by an exertion of legislative power; but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations...
Стр. 128 - The true view of the executive function is, as I conceive it, that the President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power or justly implied and included with such express grant as proper and necessary to its exercise.

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