The Presidency in the courts / Glendon A. Schubert.

Format:

Book

Author/Creator:

Schubert, Glendon A., author.

Language:

English

Subjects (All):

Executive power.

Physical Description:

1 online resource (xi, 391 p.)

Edition:

First edition.

Place of Publication:

Minneapolis, Minnesota : University of Minnesota Press, [1957]

Language Note:

English

Summary:

The Presidency in the Courts was first published in 1957. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. Do the American courts restrain the President from committing illegal and unconstitutional acts? If so, how? These are the fundamental questions which are answered here through a systematic and comprehensive analysis of the opinions and decisions of the courts themselves. As Clinton Rossiter, author of "The American Presidency," points out, "Too many books on the Presidency deal with the powers of this great office, too few with the restraints that fix its place in our system of government. Students of the system will be grateful to Professor Schubert for this tough-minded, even-tempered, exhaustive study of a neglected aspect of the Presidency." Professor Schubert analyzes hundreds of judicial cases, both federal and state, involving challenges to the legality of presidential action. The period covered is the entire lifetime of the republic and the material is arranged according to the President's major institutional roles, those of chief administrator, chief of state, commander in chief, and chief magistrate. There are chapters on presidential management of public personnel and the public domain, his control of foreign relations and the tariff, his military powers, enemy aliens, the presidential seizure power and other emergency powers, legal sources of presidential power, due process in presidential lawmaking, and the scope of judicial review of presidential action. Both the theory and practice of presidential rule making and adjudication are examined in detail. The book, the first of its kind, reveals how far from actuality are the generally held beliefs regarding the power of the courts versus the power of the Presidency. The significance of such a study is readily apparent in view of the fact that the fate not only of the United States but of Western civilization will hang in the balance of the President's exercise of his official powers during the next decade.

Contents:

Intro

TABLE OF CONTENTS

1 INTRODUCTION

I. The Chief Administrator: Minions and Dominion

2 PRESIDENTIAL MANAGEMENT OF PUBLIC PERSONNEL

The Executive Power of Appointment and Removal

The Executive Power of Administrative Direction

The Subdelegation of Presidential Power

3 PRESIDENTIAL MANAGEMENT OF THE PUBLIC DOMAIN

Military Reservations

Presidential Conservation of Natural Resources

Executive Order Indian Reservations

II. The Chief of State: Sole Organ of the Nation

4 THE CONDUCT OF FOREIGN RELATIONS

Recognition of Foreign Governments

Executive Agreements

The Regulation of Commerce with Foreign Nations

Acquisition of Territory

Executive Control over Immigration

5 PRESIDENTIAL CONTROL OVER THE TARIFF

Reciprocal Trade Agreements

The Executive Tariff in National Territories

Presidential Rate-Making under the Flexible Tariff

Presidential Regulation of Unfair (Foreign) Trade Practices

A Somewhat Less Flexible Tariff?

III. The Commander in Chief: Imperium in Imperio

6 MILITARY NECESSITY AND EXECUTIVE POWER

Military Command

Military Justice

7 THE FIFTH COLUMN

The Alien Enemy Act of 1798

Americans Betrayed

Trading with the Enemy

Executive Bills of Attainder

8 THE SEIZURE POWER AND EMERGENCY REGULATION

Temporary Seizure by the President

The Executive Power of Eminent Domain

Emergency Regulation of Private Enterprise

IV. The Chief Magistrate: "Under the Law"?

9 LEGAL SOURCES OF PRESIDENTIAL POWER

The Implied Powers of the Executive Branch

The Fusion of Presidential-Congressional Powers

Retroactive Delegation of Congressional Power

The Effect of Conflict between Executive and Congressional Legislation

10 DUE PROCESS IN PRESIDENTIAL LAWMAKING

The Format of Presidential Legislation.

Must the President Cite the Sources of His Authority?

When Does Presidential Legislation Take Effect?

Judicial Notice of Executive Law

Executive Orders: Laws of the United States?

11 THE SCOPE OF JUDICIAL REVIEW OF PRESIDENTIAL ACTION

Judicial Self-Abnegation

Executive Discretion

12 RECAPITULATION

Appendixes

A. CASES HOLDING PRESIDENTIAL DECISIONS UNCONSTITUTIONAL

B. DISTRIBUTION OF CASES IN APPENDIX A ACCORDING TO SUBJECT

C. DISTRIBUTION OF CASES IN APPENDIX A CHRONOLOGICALLY BY DECADES

TABLE OF CASES

SUBJECT GUIDE.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on print version record.

ISBN:

9781452936970

1452936978

OCLC:

576979297