Supreme Court Nominee Elena Kagan. Presidential Authority and the Separation of Powers

Format:

Book

Government document

Author/Creator:

Library of Congress. Congressional Research Service

Language:

English

Subjects (All):

Administrative law.

Constitutional law.

Foreign relations.

Physical Description:

1 online resource

Contained In:

ProQuest U.S. Congressional Research Digital Collection

Place of Publication:

[Place of publication not identified] [publisher not identified] 2010

Summary:

Examines views of Supreme Court nominee Elena Kagan on executive power and the doctrine of separation of powers, highlighting her 2001 Harvard Law Review article Presidential Administration, in which she sets forth her theory of the same name. Describes constitutional and legal basis for Presidential authority with respect to domestic policy, focusing on relevant constitutional law and Supreme Court jurisprudence that forms the foundation for almost all discussions of executive authority. Discusses two well-established and competing theories of executive power; and examines theory of "Presidential administration" and legal responses of Kagan to both of the aforementioned theories. Considers application of theory of Presidential administration to the field of administrative law, emphasizing the non-delegation doctrine and level of deference often afforded to executive branch agencies by the judiciary, often referred to as Chevron deference. Summarizes criticism of Kagan theory, especially as it relates to the Presidential legal authority in areas of foreign policy and national security, both of which are areas that the Supreme Court is expected to adjudicate in future terms

Notes:

CRS Report

Record is based on bibliographic data in ProQuest U.S. Congressional Research Digital Collection (last viewed Sept. 2012). Reuse except for individual research requires license from ProQuest, LLC

Vendor supplied data

Other Format:

Microfiche version Library of CongressCongressional Research Service Supreme Court Nominee Elena Kagan

Publisher Number:

CRS-2010-AML-0246

Access Restriction:

Restricted for use by site license