New Government Report: Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers (ISBN: 9781437935226)

June 29, 2010 at 6:00 am Leave a comment

Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers (ISBN: 9781437935226)
By Todd B. Tatelman
(Paperback, 20 pages, 2010, $15)

In light of Elena Kagan’s nomination to serve as an Associate Justice of the U.S. Supreme Court, this report analyzes then-Prof. Kagan’s views of executive power and the doctrine of separation of powers as laid out in her 2001 Harvard Law Review article “Presidential Administration.”

Contents: (1) Constitutional and Legal Basis for Executive Authority: Constitutional Text; Decisions of the U.S. Supreme Court: Youngstown Sheet and Tube v. Sawyer; Appointment and Removal Cases; (2) Theories of Executive Power: The “Traditional” View; The “Unitary Theory of the Executive”; (3) Presidential Administration: Responses to Traditionalist Arguments, and the “Unitary Theory of the Executive”; (4) Presidential Administration and Administrative Law; (5) Presidential Admin., Foreign Affairs, and National Security.

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