Now showing items 1-4 of 4
The Statutory President
(Iowa Law Review, 2005)
American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of ...
Obama's Equivocal Defense of Agency Independence
(Constitutional Commentary, 2010)
You can't judge a President by his view of Article II. At the very least, only looking to a President's construction of Article II gives a misleading portrait of the actual legal authority recent Presidents have asserted. ...
The President's Statutory Powers to Administer the Laws
(Columbia Law Review, 2006)
When does a statute grant powers to the President as opposed to other officials? Prominent theories of presidential power argue or assume that any statute granting authority to an executive officer also implicitly confers ...
The Reviewability of the President's Statutory Powers
(Vanderbilt Law Review, 2009)
This Article argues that longstanding doctrines that exclude judicial review of the determinations or findings the President makes as conditions for invoking statutory powers should be replaced. These doctrines are ...