skip to content
Supreme Court nominee Elena Kagan : presidential authority and the separation of powers Preview this item
ClosePreview this item
Checking...

Supreme Court nominee Elena Kagan : presidential authority and the separation of powers

Author: Todd B Tatelman; Library of Congress. Congressional Research Service.
Publisher: [Washington, DC] : Congressional Research Service, Library of Congress, 2010-
Series: CRS report for Congress, R41272.
Edition/Format:   eJournal/eMagazine : Periodical : National government publication : English
Database:WorldCat
Summary:
In light of Elena Kagan's nomination to serve as an Associate Justice of the United States Supreme Court, this report analyzes then-Professor Kagan's views of executive power and the doctrine of separation of powers as laid most extensively out in her 2001 Harvard Law Review article Presidential Administration. This report will proceed as follows. First, it will briefly describe the constitutional and legal basis  Read more...
Rating:

(not yet rated) 0 with reviews - Be the first.

Subjects
More like this

 

Find a copy online

Links to this item

Find a copy in the library

&AllPage.SpinnerRetrieving; Finding libraries that hold this item...

Details

Named Person: Elena Kagan
Material Type: Government publication, National government publication, Periodical, Internet resource
Document Type: Internet Resource, Journal / Magazine / Newspaper
All Authors / Contributors: Todd B Tatelman; Library of Congress. Congressional Research Service.
OCLC Number: 639972850
Description: v. : digital, PDF file.
Details: Mode of access: World Wide Web.; System requirements: Adobe Acrobat Reader.
Series Title: CRS report for Congress, R41272.
Responsibility: Todd B. Tatelman.

Abstract:

In light of Elena Kagan's nomination to serve as an Associate Justice of the United States Supreme Court, this report analyzes then-Professor Kagan's views of executive power and the doctrine of separation of powers as laid most extensively out in her 2001 Harvard Law Review article Presidential Administration. This report will proceed as follows. First, it will briefly describe the constitutional and legal basis for presidential authority with respect to domestic policy, focusing on the relevant constitutional text as well as the Supreme Court jurisprudence that forms the foundation for almost all discussions of executive authority. Second, the report will provide a discussion of the well-established and competing theories of executive power, the traditional view as well as the 'unitary theory of the executive.' Third, the report will discuss Professor Kagan's theory of 'presidential administration' and her legal responses to both of the aforementioned theories. Fourth, the report will turn to the application of Professor Kagan's theory to the field of administrative law, with an emphasis on the non-delegation doctrine and the level of deference often afforded to executive branch agencies by the judiciary, often referred to as Chevron deference. Finally, the report will provide a discussion of some of the criticism of Professor Kagan's views, especially as they relate to the President's legal authority in the areas of foreign policy and national security, both of which are expected by many to be issues that the Supreme Court will adjudicate in future terms.

Reviews

User-contributed reviews
Retrieving GoodReads reviews...
Retrieving DOGObooks reviews...

Tags

Be the first.
Confirm this request

You may have already requested this item. Please select Ok if you would like to proceed with this request anyway.

Linked Data


<http://www.worldcat.org/oclc/639972850>
library:oclcnum"639972850"
library:placeOfPublication
library:placeOfPublication
owl:sameAs<info:oclcnum/639972850>
rdf:typeschema:Periodical
rdf:typeschema:CreativeWork
rdf:typeschema:MediaObject
schema:about
schema:about
schema:about
schema:about
schema:about
schema:about
schema:about
schema:about
schema:about
schema:about
schema:contributor
<http://viaf.org/viaf/123920740>
rdf:typeschema:Organization
schema:name"Library of Congress. Congressional Research Service."
schema:creator
schema:datePublished"2010/9999"
schema:datePublished"2010/"
schema:description"In light of Elena Kagan's nomination to serve as an Associate Justice of the United States Supreme Court, this report analyzes then-Professor Kagan's views of executive power and the doctrine of separation of powers as laid most extensively out in her 2001 Harvard Law Review article Presidential Administration. This report will proceed as follows. First, it will briefly describe the constitutional and legal basis for presidential authority with respect to domestic policy, focusing on the relevant constitutional text as well as the Supreme Court jurisprudence that forms the foundation for almost all discussions of executive authority. Second, the report will provide a discussion of the well-established and competing theories of executive power, the traditional view as well as the 'unitary theory of the executive.' Third, the report will discuss Professor Kagan's theory of 'presidential administration' and her legal responses to both of the aforementioned theories. Fourth, the report will turn to the application of Professor Kagan's theory to the field of administrative law, with an emphasis on the non-delegation doctrine and the level of deference often afforded to executive branch agencies by the judiciary, often referred to as Chevron deference. Finally, the report will provide a discussion of some of the criticism of Professor Kagan's views, especially as they relate to the President's legal authority in the areas of foreign policy and national security, both of which are expected by many to be issues that the Supreme Court will adjudicate in future terms."@en
schema:exampleOfWork<http://worldcat.org/entity/work/id/502070877>
schema:inLanguage"en"
schema:name"Supreme Court nominee Elena Kagan presidential authority and the separation of powers"@en
schema:publisher
schema:url
schema:url<http://www.cq.com/displayfile.do?docid=3677983>

Content-negotiable representations

Close Window

Please sign in to WorldCat 

Don't have an account? You can easily create a free account.