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The Law of the Executive Branch

The Law of the Executive Branch
Author: Louis Fisher
Publisher: Oxford University Press
Total Pages: 482
Release: 2014
Genre: Law
ISBN: 0199856214

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The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.


Congressional Record

Congressional Record
Author: United States. Congress
Publisher:
Total Pages: 1084
Release: 1919
Genre: Law
ISBN:

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The President, Congress, and the Constitution

The President, Congress, and the Constitution
Author: Christopher H. Pyle
Publisher: Simon and Schuster
Total Pages: 468
Release: 1984
Genre: Constitutional law
ISBN: 0029253802

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Examines constitutional principles and their effects.


Between Presidential Power and Legislative Veto

Between Presidential Power and Legislative Veto
Author: Andreas Hahn
Publisher: Logos Verlag Berlin GmbH
Total Pages: 269
Release: 2010
Genre: Political Science
ISBN: 3832525394

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Reform success and reform delay are subject to a variety of explanations. In general, high decisiveness leads to reform propensity, while its absence, or high resoluteness, to policy-gridlock. The Brazilian reform experience is contradicting: both aspects are present - factors leading to decisiveness as well as those inducing gridlock and reform delay. Leaving the static point of view and accounting for a dynamic development, this apparent contradiction gets resolved: in fact, the executive gained growing leeway during the 1990s, providing it with the means to achieve a higher degree of decisiveness of the political system by simultaneously guaranteeing resoluteness.It is, however, greatly mistaken to consider this development as a blank cheque to universal, encompassing reforming in all areas. Despite growing executive dominance and growing policy consensus, some particular reforms were a success, while others did not surpass its initial stages. This is finally due to path-dependency and explicit policy-specificities, triggering different institutional constraints and veto-points, which even strong Presidents cannot override.


The Legislative Veto

The Legislative Veto
Author: Barbara Craig
Publisher: Routledge
Total Pages: 171
Release: 2019-07-11
Genre: Political Science
ISBN: 100030292X

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On June 23, 1983, the U.S. Supreme Court declared a legislative veto unconstitutional in the Immigration and Naturalization Service v. Chadha case, a ruling that seems to invalidate the legislative vetoes in more than two hundred laws. Two weeks later the court reaffirmed the principles of Chadha to invalidate the legislative veto in other acts. These epic cases, which are already being called the most important separation-of-powers rulings since the White House tapes cases, have generated debate over the implications of the loss of the legislative veto and the wisdom of the court's actions. In this book the author argues that the legislative veto fell far short of its promise in actual operation over the regulatory process. Instead of promoting democratic congressional control over the actions of bureaucrats, legislative veto politics more often devolved to the politics of special interest protection, heavily influenced by unelected congressional staff. Moreover, the legislative veto. allowed Congress to sidestep conflicts by issuing vague mandates that left agencies without the necessary congressional support to implement them. Dr. Craig combines a historical perspective on the legislative veto with analyses of original case studies involving some of the most important policy issues of the 1980s--housing, education, energy, and consumer protection. Assessing all the cases available for research, she points to discrepancies between the legislative veto's intended effects and its actual results. In a final chapter she considers the impact of the Chadha case and discusses possible alternatives to the legislative veto for congressional control of regulation.


Constitutional Conflicts Between Congress and the President

Constitutional Conflicts Between Congress and the President
Author: Louis Fisher
Publisher:
Total Pages: 352
Release: 2007
Genre: Law
ISBN:

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A classic on the separation of powers, this book dissects the crucial constitutional disputes between the executive and legislative branches from the Constitutional Convention to the present day. New material includes military tribunals and NSA eavesdropping, disputes over executive orders, state secrets privilege, and post-9/11 wars in Afghanistan and Iraq.


Presidential Vetoes and Public Policy

Presidential Vetoes and Public Policy
Author: Richard Abernathy Watson
Publisher: Studies in Government and Public Policy
Total Pages: 240
Release: 1993
Genre: Biography & Autobiography
ISBN:

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An analysis of presidential vetoes from FDR to Jimmy Carter which clarifies the problems caused by the veto and reveals how it has shaped public policy, Watson concludes that the veto power has operated well both in terms of public policy and relations between Congress and the president and argues that it would be a mistake to alter it through the adoption of an item veto.


The Law of Presidential Power

The Law of Presidential Power
Author: Peter M. Shane
Publisher:
Total Pages: 970
Release: 1988
Genre: Biography & Autobiography
ISBN:

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In this volume, the authors offer a systematic overview of such topics as separation of powers, protecting the exercise of presidential functions, and executive privilege, including relevant cases and materials.


The Modern Legislative Veto

The Modern Legislative Veto
Author: Michael J Berry
Publisher: University of Michigan Press
Total Pages: 384
Release: 2016-06-22
Genre: Political Science
ISBN: 0472121723

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In The Modern Legislative Veto, Michael J. Berry uses a multimethod research design, incorporating quantitative and qualitative analyses, to examine the ways that Congress has used the legislative veto over the past 80 years. This parliamentary maneuver, which delegates power to the executive but grants the legislature a measure of control over the implementation of the law, raises troubling questions about the fundamental principle of separation of governmental powers. Berry argues that, since the U.S. Supreme Court declared the legislative veto unconstitutional in Immigration and Naturalization Service (INS) v. Chadha (1983), Congress has strategically modified its use of the veto to give more power to appropriations committees. Using an original dataset of legislative veto enactments, Berry finds that Congress has actually increased its use of this oversight mechanism since Chadha, especially over defense and foreign policy issues. Democratic and Republican presidents alike have fought back by vetoing legislation containing legislative vetoes and by using signing statements with greater frequency to challenge the legislative veto’s constitutionality. A complementary analysis of state-level use of the legislative veto finds variation in oversight powers granted to state legislatures, but similar struggles between the legislature and the executive. This ongoing battle over the legislative veto points to broader efforts by legislative and executive actors to control policy, efforts that continually negotiate how the democratic republic established by the Constitution actually operates in practice.


Checks in the Balance

Checks in the Balance
Author: Alexander Bolton
Publisher: Princeton University Press
Total Pages: 256
Release: 2021-12-14
Genre: Political Science
ISBN: 0691224609

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How access to resources and policymaking powers determines the balance of power between the legislative and executive branches The specter of unbridled executive power looms large in the American political imagination. Are checks and balances enough to constrain ambitious executives? Checks in the Balance presents a new theory of separation of powers that brings legislative capacity to the fore, explaining why Congress and state legislatures must possess both the opportunities and the means to constrain presidents and governors—and why, without these tools, executive power will prevail. Alexander Bolton and Sharece Thrower reveal how legislative capacity—which they conceive of as the combination of a legislature’s resources and policymaking powers—is the key to preventing the accumulation of power in the hands of an encroaching executive. They show how low-capacity legislatures face difficulties checking the executive through mechanisms such as discretion and oversight, and how presidents and governors unilaterally bypass such legislative adversaries to impose their will. When legislative capacity is high, however, the legislative branch can effectively stifle executives. Bolton and Thrower draw on a wealth of historical evidence on congressional capacity, oversight, discretion, and presidential unilateralism. They also examine thousands of gubernatorial executive orders, demonstrating how varying capacity in the states affects governors’ power. Checks in the Balance affirms the centrality of legislatures in tempering executive power—and sheds vital new light on how and why they fail.