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The Final Decision

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0003
Subject:
Political Science, American Politics

Gives an account of the final decision of the US Supreme Court on the Florida vote in the (Bush vs Gore) US presidential election of 2000. Includes discussion of the deliberations and decisions of ... More


The Executive Power as the “Active Principle in All Governments”

Saikrishna Bangalore Prakash

in Imperial from the Beginning: The Constitution of the Original Executive

Published in print:
2015
Published Online:
September 2015
ISBN:
9780300194562
eISBN:
9780300213416
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300194562.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses The Executive Power Clause under Article II of the U.S. Constitution, which grants the president the executive power in running the state. Scholars criticize the clause, ... More


The Logic of the Organization of Article II

Michael W. McConnell

in The President Who Would Not Be King: Executive Power under the Constitution

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691207520
eISBN:
9780691211992
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691207520.003.0015
Subject:
Political Science, American Politics

This chapter focuses on the sections that divided Article II, such as Section 1 that addresses the selection and perquisites of the president, and Section 4 that covers impeachment. It deals with the ... More


The Executive Power Vesting Clause

Michael W. McConnell

in The President Who Would Not Be King: Executive Power under the Constitution

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691207520
eISBN:
9780691211992
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691207520.003.0014
Subject:
Political Science, American Politics

This chapter recalls the fundamental structural decisions made by the Committee of Detail about the powers of the executive, such as allocating the established prerogative powers of the British ... More


Constituting “His Highness” the President

Saikrishna Bangalore Prakash

in Imperial from the Beginning: The Constitution of the Original Executive

Published in print:
2015
Published Online:
September 2015
ISBN:
9780300194562
eISBN:
9780300213416
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300194562.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the scope and limits of executive power under Article II Section 1 of U.S. Constitution. The article grants the president a measure of independence from the Congress by ... More


Ratification Debates

Michael W. McConnell

in The President Who Would Not Be King: Executive Power under the Constitution

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691207520
eISBN:
9780691211992
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691207520.003.0007
Subject:
Political Science, American Politics

This chapter begins with the executive branch that attracted less attention than other issues and the controversy that had little to do with the details of presidential authority. It points out that ... More


The Three Varieties of Presidential Power

Michael W. McConnell

in The President Who Would Not Be King: Executive Power under the Constitution

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691207520
eISBN:
9780691211992
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691207520.003.0016
Subject:
Political Science, American Politics

This chapter reviews Article II's organization according to the nature of presidential powers: prerogative powers, qualified prerogative powers, powers or duties involving limited discretion, ... More


Bush v. Gore

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0021
Subject:
Law, Legal History

Bush v Gore brought settlement to the dispute over the vote count in Florida in the presidential election of 2000 which in turn determined that George W. Bush would become the next President. A case ... More


The Administrative State

Michael W. McConnell

in The President Who Would Not Be King: Executive Power under the Constitution

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691207520
eISBN:
9780691211992
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691207520.003.0019
Subject:
Political Science, American Politics

This chapter illustrates the structure of the administrative state, which emerges as one of the main areas of focus among the Justices of the Supreme Court. It examines three of the most contentious ... More


An Ignored Jurisprudence: Bush v. Gore

Edward A. Jr. Purcell Jr.

in Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.003.0008
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter examines Justice Antonin Scalia’s actions in the notorious case of Bush v. Gore. There, five conservative justices voted to stop the recount of the Florida vote in the election of 2000 ... More


The Preratification Origins of the Unitary Executive Debate and the Decision of 1789

Steven G. Calabresi and Christopher S. Yoo

in The Unitary Executive: Presidential Power from Washington to Bush

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300121261
eISBN:
9780300145380
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121261.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter aims to briefly summarize the historical events between American independence in 1776 and the Constitutional Convention in 1787 that gave rise to Article II in order to understand the ... More


Treaties

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0002
Subject:
Law, Private International Law, Comparative Law

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice and consent process specified in Article ... More


The “Transaction of Business with Foreign Nations Is Executive Altogether”

Saikrishna Bangalore Prakash

in Imperial from the Beginning: The Constitution of the Original Executive

Published in print:
2015
Published Online:
September 2015
ISBN:
9780300194562
eISBN:
9780300213416
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300194562.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter argues that authority of the president over foreign affairs arises from the grant of the executive power and not from foreign relations clauses found in the remainder of Article II of ... More


The Unitary Executive

Stephen Skowronek, John A. Dearborn, and Desmond King

in Phantoms of a Beleaguered Republic: The Deep State and The Unitary Executive

Published in print:
2021
Published Online:
February 2021
ISBN:
9780197543085
eISBN:
9780197543115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197543085.003.0003
Subject:
Political Science, American Politics

This chapter examines the theory of the unitary executive and its deployment in the Trump presidency afgainst the specter of a Deep State. The theory asserts that the president possesses all the ... More


The Next Stop: The Information Theory in the Domestic Context

in The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226771120
eISBN:
9780226771151
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226771151.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter performs an out-of-sample investigation of the information theory of jurisprudence. The preliminary study revealed the information theory, with minor adjustments, substantially aids in ... More


Two Classic Cases

Michael W. McConnell

in The President Who Would Not Be King: Executive Power under the Constitution

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691207520
eISBN:
9780691211992
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691207520.003.0017
Subject:
Political Science, American Politics

This chapter reviews the text, history, and logical structure of Article II, which provides an objective answer on what approach makes any difference in deciding cases without any need to delve into ... More


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