Supreme Court Nominee Elena Kagan
Presidential Authority and the Separation of Powers
Description:... 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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