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Watchdogs on the Hill: The Decline of Congressional Oversight of U.S. Foreign Relations

Linda L. Fowler

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691151618
eISBN:
9781400866465
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151618.001.0001
Subject:
Political Science, American Politics

An essential responsibility of the U.S. Congress is holding the president accountable for the conduct of foreign policy. This book evaluates how the legislature's most visible and important watchdogs ... More


Supremacy, Inferiority, and Guantanamo Bay

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.008
Subject:
Law, Constitutional and Administrative Law

This chapter explores the limits of Congress's power to curtail the Court's oversight authority. The first section explores the contours of Congress's authority by reference to the leading cases on ... More


The Supreme Court and the State Courts

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.005
Subject:
Law, Constitutional and Administrative Law

This chapter builds on Hamilton's distinction between the state courts' preexisting jurisdiction and their jurisdiction over inherently federal matters in proposing to explain the relationship ... More


Congress, the President, and Domestic Policy: Who Governs?

Benjamin Ginsberg and Kathryn Wagner Hill

in Congress: The First Branch

Published in print:
2019
Published Online:
January 2020
ISBN:
9780300220537
eISBN:
9780300249613
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300220537.003.0006
Subject:
Political Science, American Politics

This chapter looks at the patterns of conflict and cooperation between the president and Congress in the realm of domestic policy. Here, congressional power depends upon constituency, organization, ... More


Political Questions and Nonjusticiability

Josh Chafetz

in Democracy's Privileged Few: Legislative Privilege and Democratic Norms in the British and American Constitutions

Published in print:
2007
Published Online:
October 2013
ISBN:
9780300113259
eISBN:
9780300134896
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300113259.003.0003
Subject:
Political Science, Comparative Politics

The political-questions doctrine has been held to apply to a number of areas, including foreign policy and controversies over whether a state has a republican form of government. Two areas, however, ... More


Presidential Power

in Lincoln's Constitution

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226237930
eISBN:
9780226237954
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226237954.003.0007
Subject:
History, American History: Civil War

Lincoln remained very much a democratic leader throughout the war and claimed to find a constitutional basis for his wartime actions in his role as chief executive. This chapter focuses on whether he ... More


The Supreme Court and Neoconservatism

Stephen M. Feldman

in Neoconservative Politics and the Supreme Court: Law, Power, and Democracy

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814764664
eISBN:
9780814785898
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814764664.003.0005
Subject:
Law, Constitutional and Administrative Law

In the 2008 election the American people largely banished neoconservatives from the executive and legislative branches of the national government. However, neocons continue to wield considerable ... More


5 The Supreme Court and Neoconservatism

Stephen M. Feldman

in Neoconservative Politics and the Supreme Court: Law, Power, and Democracy

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814764664
eISBN:
9780814785898
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814764664.003.0005
Subject:
Law, Constitutional and Administrative Law

In the 2008 election the American people largely banished neoconservatives from the executive and legislative branches of the national government. However, neocons continue to wield considerable ... More


Ronald Reagan

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/9780300121261.003.0047
Subject:
Law, Constitutional and Administrative Law

This chapter describes the administration of Ronald Reagan as a major turning point in the balance of power between the president and Congress over the administration of the law. Reagan ushered in an ... More


Mcculloch v. Maryland

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/9780199765881.003.0002
Subject:
Law, Legal History

McCulloch presented the Court with one of the most controversial political issues of the day—could a state impose a targeted tax on a branch of the Bank of the United States? John Marshall used the ... More


So Sue Him

Jasmine Farrier

in Constitutional Dysfunction on Trial: Congressional Lawsuits and the Separation of Powers

Published in print:
2019
Published Online:
September 2020
ISBN:
9781501702501
eISBN:
9781501744464
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501702501.003.0007
Subject:
Political Science, American Politics

This chapter explores a diverse set of member lawsuits, spanning the “pocket veto,” three cases related to treaty changes/withdrawals, and a case on the Affordable Care Act that was settled recently. ... More


Free Expression in the Nineteenth Century to 1865

in Free Expression and Democracy in America: A History

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226240664
eISBN:
9780226240749
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226240749.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the status of free expression through the middle decades of the nineteenth century. The Sedition Act crisis arose within an overarching and decade-long dispute about the nature ... More


Theories of Agency Independence

Marshall J. Breger and Gary J. Edles

in Independent Agencies in the United States: Law, Structure, and Politics

Published in print:
2015
Published Online:
April 2015
ISBN:
9780199812127
eISBN:
9780199350780
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812127.003.0003
Subject:
Law, Constitutional and Administrative Law

There is intellectual heft in various theories of agency independence but no inevitable truth for all situations. Unitary theorists understand the structure of the Constitution to vest executive ... More


Appropriate Constitutional Limits

Andrew Koppelman

in The Tough Luck Constitution and the Assault on Healthcare Reform

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199970025
eISBN:
9780190260187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199970025.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines the appropriate constitutional limits on congressional power over the so-called individual mandate of the Patient Protection and Affordable Care Act of 2010 (ACA), which ... More


The Legitimacy of Coercion

in Lincoln's Constitution

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226237930
eISBN:
9780226237954
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226237954.003.0006
Subject:
History, American History: Civil War

The question of congressional power was considered in more detail in a formal opinion by Buchanan's attorney general, who concluded that none of Congress's delegated powers authorized the use of ... More


Completing the Executive

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/9780691207520.003.0006
Subject:
Political Science, American Politics

This chapter examines the convention that proceeded to debate the Committee of Detail draft clause by clause, as a great dissensus remained over the mode of selection of the president. It details the ... More


Conclusion: “As Long as Our System Shall Exist”

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0015
Subject:
History, American History: 19th Century, Cultural History

McCulloch v. Maryland’s nationalizing potential has not been fully realized, having been reined in by the Supreme Court for most of the years since it was written in 1819. Had McCulloch’s logic of ... More


Authority and Delegation in the Chamber of Deputies

Joy K. Langston

in Democratization and Authoritarian Party Survival: Mexico's PRI

Published in print:
2017
Published Online:
May 2017
ISBN:
9780190628512
eISBN:
9780190628550
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190628512.003.0009
Subject:
Political Science, Comparative Politics, Democratization

Bstudy The purpose of this chapter is to understand the third and last important task of parties: managing their legislative delegation. During the years of one-party dominance, the Mexican ... More


Introduction

Andrew Koppelman

in The Tough Luck Constitution and the Assault on Healthcare Reform

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199970025
eISBN:
9780190260187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199970025.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the constitutional challenge to the so-called individual mandate of the Patient Protection and Affordable Care Act of 2010 (ACA), which requires almost everyone to purchase health ... More


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