Presidential Powers

• The anti-federalists and presidential war powers.

The difficult legal questions prompted by the war on terrorism have generated a lively debate over the original understanding of the President's war p...

• Yale Law Journal
• Vol. 121 Nbr. 2, November 2011

• Kagan Provides No Check On Presidential Powers

When President Obama nominated Elena Kagan to the Supreme Court, he heralded her as "an acclaimed legal scholar with a rich understanding of constitutional law." He, however, has increasingly and harmfully demonstrated that he himself does not fit the description, thereby invalidating his praise. With her confirmation hearing due to begin June 28, Kagan no longer believes, as she wrote in 1995, that "these hearings have presented to the public a vapid and hollow charade (supplanting) legal analysis." But, on being confirmed as solicitor general last year, Kagan said she was "less convinced than I was in 1995 that substantive discussions of legal issues and views, in the context of nomination hearings, provide the great public benefits I suggested." (Wall Street Journal, May 16). Having ...

• Telegraph - Herald (Dubuque)
• June 02, 2010

• Presidential Powers

The executive authority given to the president of the United States by Article II of the Constitution to carry out the duties of t...

• West's Encyclopedia of American Law
• Po–San

• 22 USC 2509 - Sec. 2509. Presidential powers and authorities

• US Code - Title 22: Foreign Relations and Intercourse

• Presidential Powers

The powers of the American presidency are amorphous and enormous. Perhaps they can be defined only by saying that they are made adeq...

• Encyclopedia of the American Constitution
• KA-PU

• Unilateral presidential powers: significant executive orders, 1949-99.

In the typical rendering of the American presidency, chief executives encounter formidable barriers to decisive leadership: a far-flung, entrenched bu...

• Presidential Studies Quarterly
• Vol. 32 Nbr. 2, June 2002

• Cheney Calls for More Presidential Powers

WASHINGTON - Vice President Dick Cheney on Tuesday called for "strong and robust" presidential powers, saying executive authority was eroded during the Watergate and Vietnam eras. Some lawmakers objected that President Bush's decision to spy on Americans to foil terrorists showed he was flexing more muscle than the Constitution allows. The revelations of Bush's four-year-old order approving domestic surveillance without court warrants has spurred a fiery debate over the balance of power between the White House, Congress and the judiciary.

• Charleston Gazette
• December 21, 2005

• In Case of Emergency, Break the Constitution ; New Presidential and Fcc Powers Provide Rationale for Paranoia

Did you know that the nation soon will undergo a test that will determine how effectively the president of the United States can seize control of the media in the event of an "emergency"? Well, that's not the way the administration is putting it. The Federal Communications Commission (FCC) issued a press release on Feb. 3 outlining the plan for the "first-ever presidential alert." On a date yet to be set, the presidential alert will go "to television and radio broadcasters, cable systems and satellite service providers who will then deliver the alert to the American public," according to the FCC.

• The Washington Times
• February 14, 2011

• Presidential Powers Defended

As a Justice Department Reaganite, Supreme Court nominee Samuel A. Alito, Jr., defended the president's relevance to legislative history and a unitary executive branch where all officials executing federal statutes march to the same drummer. Senate Democrats and their handpicked witnesses during Judge Alito's confirmation hearings insisted that both principles constitute presidential usurpations. Their indictment is unpersuasive. The Supreme Court interprets a federal statute according to the intent of its makers. On that score, most of the Justices regularly examine congressional committee reports and floor statements by members, although neither are voted on by Congress or presented to the president for his approval or veto. The reports and statements, however, are thought relevant (b...

• The Washington Times
• January 17, 2006

• Presidential Powers During Cybersecurity Emergencies.

Reprinted with permission from FindLaw.com Our nation can be threatened not only by physical attacks on terra firma, but also in Cyberspace. Indeed,...

• Mondaq Business Briefing
• Nbr. 2009, January 2009