§ 19.1 The General Nature of Doctrine. § 19.2 Congressional Delegation of Legislative Power to the President, Administrative Agencies, or Special Commissions. § 19.3 Presidential Power Over National Policy. § 19.3.1 General Observations. § 19.3.2 International Matters. § 19.3.3 War and National Defense. § 19.3.4 Domestic Policymaking. § 19.3.5 The Pardon Power. § 19.4 Legislative Power Over National Policy. § 19.4.1 General Observations. § 19.4.2 Unconstitutional Attempts to Change the Veto Power. § 19.4.2.1 The Legislative Veto. § 19.4.2.2 Giving the President a Line-Item Veto. § 19.4.3 Limited Legislative Control Over Appointment and Removal of Officers. § 19.4.3.1 Limited Legislative Control Over Appointment of Officers. § 19.4.3.2 Limited Legislative Control...
FLAGSTAFF, Ariz. -- An ongoing political battle pitting the president of the vast Navajo Nation against the majority of the tribal council has left ordinary Navajos concerned that the politicians have become too engrossed in petty fights to do the work they were elected to do. The Navajo Nation Council stripped President Joe Shirley Jr. of all his administrative powers in late October over so-far unsubstantiated allegations of ethical and criminal wrongdoing. The elected president's supporters say the action came in retaliation for his push to reduce the tribe's council from 88 to 24 members and secure a line-item veto on appropriations legislation.
..., to, for example, the veto power of the President over legislation and to the role of the Senate in ... vast powers to the President or to administrative agencies. . With the exception of a brief period i...
... Under "the basicconcept of separation of powers . . . that flow[s] from the Opinion of the Court s... the Judiciary thepower to override a Presidential veto." United States v.Nixon, 418 U. S. 683, 704 ... after observing that the administrative adjudicator had onlylimited authority to make s...
Over the last several decades, some scholars have argued that rulemaking by unelected agency officials imperils popular sovereignty and that federal law should resolve the apparent tension between regulatory practice and democratic principle by allowing the President to serve as a proxy for the will of the people in the administrative state. As an alternative to presidential proxy representation, this article argues that federal administrative law should seek to promote popular representation in agency rulemaking through fiduciary representation. Rather than focus on a representative's obedience to the ephemeral public will, fiduciary representation emphasizes agencies' responsibilities to act deliberatively and reasonably in promoting the public welfare. The President's fiduciary role ...
..., the scope of agency rulemaking powers has expanded dramatically since Bickel's era.19. C...
... on the score of "usurping" legislative powers, but still earlier ones, Washington, Jefferson, a... departments and other executive ("administrative") agencies of the National Government; fourthly, t...
...In addition to the assertion of expanding powers over postconflict territory through the 1990s--cul... these areas, Congress requires the US president to provide detailed annual reports that may lead t...
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. Review of those determinations is commonplace with regard to government actors subject to the Administrative Procedure Act. But because the Administrative Procedure Act does not apply to the President, courts have resorted to old common law doctrines barring review of the determinations the President makes to invoke statutory authority. While these doctrines had a justification when judicial review of the President's actions occurred in individual damages actions against officials who implemented the President's orders, they no longer do and should be abandoned. To better describe and defend suc...
... out a governing solution with the European powers) The domestic debate surrounding this policy issue.... --. 2007. "The Rhetorical and Administrative Presidencies." Critical Review: A Journal of Polit...
...1267 Sanctions, Administrative or Punitive in Character II. IS THE UNITED NATIONS... SANCTIONS PURSUANT TO ITS CHAPTER VII POWERS? A. In General, Are International Legal Norms Appl... responsible for this situation in Iraq--President Saddam Hussein or the United Nations." (13) This c...
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