New Government Report: Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers (ISBN: 9781437935226)
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.
Entry filed under: New Government Reports. Tags: appointment, constitution, elena kagan, executive authority, executive power, foreign affairs, government, harvard law review, harvard university, justice, law, national security, presidential administration, removal, report, scotus, supreme court, traditional view, unitary theory, youngstown sheet and tube v. sawyer.