Supreme Court Nominee Elena Kagan

Supreme Court Nominee Elena Kagan

Presidential Authority and the Separation of Powers

by Todd B. Tatelman

20 pages· 2010· ISBN 9781437935226
About
In light of Elena Kagan¿s nomination to serve as an Assoc. Justice of the U.S. Supreme Court, this report analyzes then-Prof. Kagan¿s views of exec. power and the doctrine of separation of powers as laid out in her 2001 Harvard Law Review article ¿Presidential Admin.¿ Contents: (1) Constitutional and Legal Basis for Exec. Authority: Constitutional Text; Decisions of the U.S. Supreme Court: Youngstown Sheet and Tube v. Sawyer; Appointment and Removal Cases; (2) Theories of Exec. Power: The ¿Traditional¿ View; The ¿Unitary Theory of the Exec.¿; (3) Presidential Admin.: Responses to Traditionalist Arguments, and the ¿Unitary Theory of the Exec.¿; (4) Pres. Admin. and Admin. Law; (5) Pres. Admin., Foreign Affairs, and National Security.

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