eBook Supreme Court And Presidency: Struggles For Supremacy, 1st Edition

  • Published By:
  • ISBN-10: 1452234175
  • ISBN-13: 9781452234175
  • DDC: 320.473
  • Grade Level Range: 9th Grade - College Senior
  • 511 Pages | eBook
  • Original Copyright 2012 | Published/Released August 2013
  • This publication's content originally published in print form: 2012
  • Price:  Sign in for price

About

Overview

This newest edition to The Supreme Court’s Power in American Politics series explores and analyzes the dynamic alliances and tensions between the nation’s chief executive and the Court over time. Through primary source and other documents and insightful narratives, this work discusses appointments, prerogative governance, and the role of time and regimes in the complex scheme of checks and balances. Featured topics include: Major theories of constitutional interpretation and their application to the exercise of executive power The political dynamics in the relationship between the three branches of federal government The evolution of executive authority and the struggle over the legislative veto Precedents for treaty-making and executive agreements with foreign governments Executive and legislative relations and powers in times of war and national emergency, particularly after 9/11 The president s authority as commander-in-chief Historical controversies of executive privilege and censure and impeachment Executive authority to issue pardons Appendix with comparative data about conventional and Court periodization

Table of Contents

Front Cover.
Half Title Page.
Other Front Matter.
Title Page.
Copyright Page.
Summary Contents.
Contents.
Foreword.
Preface.
1: Introduction.
2: Justice Sutherland Describes the Relationship between the Branches, December 21, 1936.
3: Alexander Hamilton Defends the Judiciary, June 14, 1788.
4: The Federal Farmer Expresses Fear of Consolidation, October 8, 1787.
5: The Federal Farmer Criticizes the Plan for the Judiciary, October 9, 1787.
6: The Federal Farmer Fears that the Judiciary Will Neglect Rights, October 10, 1787.
7: The Supreme Court Asserts Judicial Supremacy, September 12, 1958.
8: Separation of Powers and Judicial Respect for Coordinate Branches.
9: James Madison Defends the Constitutional Separation of Powers, February 1, 1788.
10: James Madison Warns Against Reliance on Parchment Barriers, February 1, 1788.
11: James Madison Defends the Structure of Checks and Balances, February 8, 1788.
12: Brutus Objects to the Supreme Court, March 20, 1788.
13: The Federal Farmer Objects to the President's Capacity to be Re-elected, January 17, 1788.
14: Mr. Lincoln Criticizes the Dred Scott Decision, August 21, 1858.
15: Abraham Lincoln's First Inaugural Address, March 4, 1861.
16: The Court Explores Separation of Powers and Asserts Its Own Authority, February 23, 1915.
17: Justice Brandeis Lays Out Limits on the Court's Power, February 17, 1936.
18: Harry Truman Defends the Seizure of the Steel Mills, April 8, 1952.
19: Justice Jackson Articulates a Framework for Determining the Scope of Executive Authority, June 2, 1952.
20: John Yoo Justifies Broad Executive Authority to Conduct War Against the 9/11 Perpetrators, September 25, 2011.
21: Barack Obama Notifies Congress About Airstrikes in Libya, March 21, 2011.
22: Prerogative Governance and Checks and Balances.
23: The Baron de Montesquieu Outlines Political Liberty, 1752.
24: John Locke Outlines Prerogative Governance, 1689.
25: Richard Pious Explains Prerogative in the American Context, 1979.
26: President Reagan Authorizes the Provision of Arms to Iranian Moderates, January 17, 1986.
27: Ronald Reagan Addresses the Nation on the Iran Arms and Contra Aid Controversy, November 13, 1986.
28: The Tower Commission Criticizes President Reagan and His Staff, February 26, 1987.
29: Ronald Reagan Again Attempts to Justify His and His Associates' Actions, August 12, 1987.
30: An Independent Counsel Criticizes the President and Congress, August 4, 1993.
31: The Power of Appointment.
32: Franklin Delano Roosevelt Attacks the Supreme Court, September 17, 1937.
33: Nominee Hugo Black Publicly Defends Himself, October 1, 1937.
34: Lyndon Johnson Nominates Thurgood Marshall to Serve as Solicitor General, August 24, 1965.
35: Lyndon Johnson Nominates Thurgood Marshall for a Supreme Court Seat, June 13, 1967.
36: Richard Nixon Talks with the White House Press Corps about His Nomination of Warren Burger, May 22, 1969.
37: Ronald Reagan Discusses His Nomination of Sandra Day O'Connor, July 7, 1981.
38: Ronald Reagan Thanks the Senate for Confirming Sandra Day O'Connor, September 21, 1981.
39: William (Bill) Clinton Nominates Ruth Bader Ginsburg to be an Associate Justice, June 14, 1993.
40: Barack Obama Nominates Sonia Sotomayor to Be an Associate Justice, May 26, 2009.
41: Congress Challenges a Recess Appointment, October 14, 2004.
42: Ronald Reagan Introduces Robert Bork to the Nation, July 4, 1987.
43: Senator Edward Kennedy Objects to Robert Bork's Nomination, July 1, 1987.
44: Ronald Reagan Defends Robert Bork's Nomination, October 14, 1987.
45: The Development of the Modern Executive Branch and Its Officers.
46: John Marshall Outlines the Finality of Presidential Appointments, February 24, 1803.
47: The Supreme Court Privileges an Executive Officer over a State-Granted Land Title, March 9, 1839.
48: The Supreme Court Allows the Executive to Advance Unspecified Payments, March 13, 1843.
49: The Fourth Circuit Denies a Right to Direct Presidential Review, April 12, 1955.
50: Andrew Jackson Protests His Censuring by the Senate, April 15, 1834.
51: The Supreme Court Compels a “Mere Ministerial Act,” March 12, 1838.
52: Martin Van Buren Asks Congress to Check the Court, December 3, 1838.
53: Franklin D. Roosevelt's Brownlow Committee Presses for Reform, January 12, 1937.
54: The D.C. Circuit Upholds the Authority of the War Labor Board, June 2, 1944.
55: The Supreme Court Objects to the Appointment Process for the Federal Election Commission, January 30, 1976.
56: The Supreme Court Frowns on Criminal Prosecution for Violating an Executive Regulation, February 28, 1898.
57: The Supreme Court Allows Prosecution Based on a State-Defined Crime, January 14, 1957.
58: James Madison Defends Executive Control over Removal, June 17, 1789.
59: Chief Justice Chase Frets over Johnson's Impeachment, April 19, 1868.
60: The Supreme Court Supports the Executive's Authority to Terminate Officers, May 24, 1897.
61: The Supreme Court Allows Discretionary Dismissal of Executive Officers, April 6, 1903.
62: Chief Justice Taft Grants Broad Executive Authority over Appointees, October 25, 1926.
63: The Supreme Court Limits Removal of Officials with Responsibilities to Congress, May 27, 1935.
64: The Supreme Court Further Limits the Removal of Officials Based on Their Responsibilities, June 30, 1958.
65: The Supreme Court Allows Congress to Assign Appointment Power to a Judge, June 27, 1991.
66: The Supreme Court Upholds the Independent Counsel Statute, June 29, 1988.
67: The Supreme Court Limits the Scope of Delegation, June 29, 1959.
68: Ulysses Grant Objects to Congress's Effort to Close Consular Offices, August 14, 1876.
69: Dwight Eisenhower Objects to a Congressional Attempt to Influence Military Contracting, July 13, 1955.
70: Lyndon Johnson Objects to Legislative Vetoes, December 31, 1963.
71: Jimmy Carter Threatens Congress over Legislative Vetoes, June 21, 1978.
72: The Supreme Court Strikes Down Legislative Vetoes, June 23, 1983.
73: The Weakening of Legislative Direction in the Administrative State.
74: The Supreme Court Allows the President to Impose a Tariff, February 29, 1892.
75: The Supreme Court Allows the President to Implement Recommendations of the Tariff Commission, April 9, 1928.
76: The Supreme Court Rejects Congressional Delegation of Labor and Economic Regulation, May 27, 1935.
77: The Supreme Court Allows Price Controls during Wartime, March 27, 1944.
78: The Supreme Court Allows the Secretary of State to Restrict Travel, May 3, 1965.
79: The Supreme Court Allows Revocation of a Passport Based on Administrative Regulation, June 29, 1981.
80: The Supreme Court Facilitates Discretionary Regulation of Designer Drugs, May 20, 1991.
81: The D.C. Circuit Endorses Voluntary Wage and Price Controls, June 22, 1979.
82: The Third Circuit Approves Nixon's Philadelphia Plan, April 22, 1971.
83: John F. Kennedy Establishes Collective Bargaining for Federal Employees, January 17, 1962.
84: The D.C. Circuit Rejects a Suit Asserting Rights Based on an Executive Order, July 29, 1965.
85: The D.C. Circuit Rejects Private Lawsuits Based on an Executive Order, May 2, 1980.
86: A Framer Explains Limits on Legislative Authority, December 1, 1787.
87: President Wilson Refuses to Enforce a Treaty Termination, September 24, 1920.
88: Document 6.15: Chief Justice William Howard Taft Circumscribes Legislative Authority in Removal of Executive Officers, October 25, 1926.
89: A Court Orders President Nixon to Act, January 25, 1974.
90: An Executive Legal Analyst Discusses the History of Signing Statements, November 3, 1993.
91: An Executive Legal Analyst Discusses the President's Latitude to Decline to Enforce Laws, November 2, 1994.
92: The Attorney General Endorses Presidential Non-Enforcement, July 31, 1860.
93: John F. Kennedy Informs Congress of His Intent to Reinterpret a Statute, January 9, 1963.
94: The American Bar Association Condemns Signing Statements, August 7–8, 2006.
95: Codetermination of Fiscal Policy.
96: The Supreme Court Checks the President, February 18, 1975.
97: The D.C. Circuit Rejects Deferred Spending, January 20, 1987.
98: The Supreme Court Rejects a Deficit Reduction Plan, July 7, 1986.
99: The Supreme Court Limits Congress's Oversight, May 24, 1993.
100: The D.C. District Court Rejects the Line-Item Veto, April 10, 1997.
101: The Supreme Court Ducks the Line-Item Veto Controversy, June 26, 1997.
102: The Supreme Court Rejects the Line-Item Veto, June 25, 1998.
103: Emergency Executive Power.
104: President Lincoln Suspends Habeas Corpus, April 27, 1861.
105: Chief Justice Taney Challenges President Lincoln, May 28, 1861.
106: Abraham Lincoln Issues the Emancipation Proclamation, January 1, 1863.
107: The Supreme Court Rejects Martial Law, April 3, 1866.
108: The Supreme Court Upholds a Labor Injunction, May 7, 1895.
109: The Supreme Court Clarifies Executive Authorization, April 14, 1890.
110: Franklin D. Roosevelt Authorizes the Internment of Japanese Americans, February 19, 1942.
111: The Supreme Court Upholds a Curfew, June 21, 1943.
112: The Supreme Court Legitimizes Internment, December 18, 1944.
113: The Supreme Court Limits the Military's Power to Intern Citizens, December 18, 1944.
114: The Supreme Court Questions Military Tribunals, February 25, 1946.
115: The Supreme Court Allows a Military Trial to Proceed, July 31, 1942.
116: President George W. Bush Authorizes Detentions, November 13, 2001.
117: The Office of Legal Counsel Endorses Broad Executive Discretion, January 22, 2002.
118: Alberto Gonzales Rejects the Applicability of the Geneva Convention, January 25, 2002.
119: An Assistant Attorney General Justifies Harsh Interrogation Techniques, August 1, 2002.
120: The Supreme Court Rejects Unreviewable Detention, June 28, 2004.
121: The Supreme Court Asserts Authority over Guantánamo Bay, June 28, 2004.
122: The Supreme Court Insists on More Process, June 29, 2006.
123: The Supreme Court Rejects Military Commissions Again, June 12, 2008.
124: The Supreme Court Limits the Justiciability of the Guarantee Clause, January 3, 1849.
125: The Supreme Court Rejects an Invitation to Oversee Military Intelligence Gathering, June 26, 1972.
126: The Supreme Court Declines to Address the Kent State Shootings, June 21, 1973.
127: The Eighth Circuit Permits Investigation into the Improper Use of Military Assets in a Civil Context, November 12, 1985.
128: The Supreme Court Questions Warrantless Wiretaps, June 19, 1972.
129: The D.C. Circuit Court Rejects a Plea for Secrecy, May 17, 1976.
130: Ronald Reagan Regularizes Intelligence Collection, December 4, 1981.
131: The D.C. Circuit Authorizes Expanded Intelligence Gathering, November 18, 2002.
132: The D.C. Circuit Addresses Wiretapping and New Technologies, June 9, 2006.
133: Presidential Diplomacy.
134: George Washington Advises the Nation on Foreign Relations, September 19, 1796.
135: The Framers Debate Control over Foreign Affairs, June 29–September 18, 1793.
136: The Supreme Court Defines the Scope of Treaties, December 2, 1901.
137: The Supreme Court Asserts National Sovereignty, November 4, 1986.
138: Congress Exercises Commerce Authority to Direct Foreign Affairs, October 28, 2000.
139: Ronald Reagan Expresses Boundaries to the Senate, June 10, 1988.
140: The Supreme Court Weighs Treaties and Statutes, January 9, 1888.
141: The Supreme Court Privileges Treaties over State Law, March 7, 1796.
142: A Treaty Limits Missouri's Sovereignty, April 19, 1920.
143: Congress Seeks to Limit the Treaty Power, February 16, 1953.
144: The Supreme Court Ducks a Challenge by Congress to the President, December 13, 1979.
145: The Supreme Court Endorses Customary International Law as a Guideline, January 8, 1900.
146: The Supreme Court Decides that Formal Letters Are Binding Agreements, May 3, 1937.
147: The Supreme Court Privileges an Executive Agreement, February 2, 1942.
148: Robert Jackson Justifies the Acquisition of Naval and Air Bases in Exchange for Destroyers, August 27, 1940.
149: The Supreme Court Allows a Citizen's Prosecution under an Executive Agreement, July 11, 1957.
150: The Supreme Court Mandates Civil Trials instead of Courts Martial, June 10, 1957.
151: The Supreme Court Finds a Trade Agreement to Be Unenforceable, February 7, 1955.
152: Justice Sutherland Outlines a Theory on Congressional Authorization, December 21, 1936.
153: The Supreme Court Places Some Administrative Decisions Out of Bounds for Review, February 9, 1948.
154: The U.S. Court of Claims Upholds a Citizen's Right to Seek Recovery, January 11, 1955.
155: The Supreme Court Upholds an Executive Agreement, July 2, 1981.
156: President Carter Declares He Will Respect an Unratified Treaty, March 14, 1980.
157: President George W. Bush and Prime Minister Manmohan Singh Issue a Joint Statement, July 18, 2005.
158: Presidential War Making.
159: Alexander Hamilton Explains the Executive's War Powers, March 14, 1788.
160: The Court Manages a Transition, February 24, 1795.
161: The Supreme Court Defines Congress's War Power, August 15, 1800.
162: The Supreme Court Defines the Limits of Presidential Power, February 27, 1804.
163: The Supreme Court Supports the President's Power to Determine Military Need, February 2, 1827.
164: The Supreme Court Locates War Power, August 11, 1801.
165: The Supreme Court Upholds a Dual War-making Strategy, February 26, 1813.
166: The Supreme Court Delineates the Meaning of Conquest, May 3, 1850.
167: The Supreme Court Outlines the President's Power to Command, September 13, 1860.
168: The Supreme Court Determines that the Civil War Was a War, March 10, 1863.
169: Theodore Roosevelt Updates the Monroe Doctrine, December 6, 1904.
170: The State Department Instructs the Senate, March 8, 1966.
171: The United States Joins the United Nations, December 20, 1945.
172: The D.C. Circuit Rejects a Challenge to the Vietnam War, February 6, 1967.
173: Another Challenge to the Vietnam War Is Rejected, April 20, 1971.
174: The State of Massachusetts Challenges the Vietnam War, October 21, 1971.
175: Members of Congress Challenge the Vietnam War, March 20, 1973.
176: The Supreme Court Declines to Hear a Challenge to the Vietnam War, March 6, 1972.
177: A Soldier Challenges the Escalation of the War, January 17, 1973.
178: President Nixon Disagrees with Congress, November 17, 1971.
179: The Second Circuit Rejects a Challenge to the Bombing of Cambodia, August 8, 1973.
180: President Nixon Vetoes the War Powers Resolution, October 24, 1973.
181: An Advisor Argues that a Military Mission Did Not Require War Powers Reporting, May 9, 1980.
182: President Reagan Commits Troops in Lebanon, October 12, 1983.
183: A District Court Refuses to Intervene in a War Powers Dispute, November 18, 1983.
184: A Circuit Court Rejects a Challenge to Covert Support for the Contras, August 13, 1985.
185: Congress Challenges the President, December 18, 1987.
186: A District Court Rejects a Soldier's Challenge Under the War Powers Resolution, December 13, 1990.
187: Congressional Representatives Try to Block War, December 13, 1990.
188: Congress Challenges President Clinton, February 18, 2000.
189: Military Personnel and Members of Congress Attempt to Prevent War in Iraq, March 13, 2003.
190: Memorandum on the President's Constitutional Authority to Pursue Suspected Terrorists, September 25, 2001.
191: Can a Computer Start a War? June 27, 1988.