Separation of Powers Law: Cases and Materials / Edition 2

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Product Details

  • ISBN-13: 9780890893999
  • Publisher: Carolina Academic Press
  • Publication date: 1/1/2005
  • Series: Carolina Academic Press Law Casebook Series
  • Edition description: 2ND
  • Edition number: 2
  • Pages: 1200
  • Product dimensions: 7.30 (w) x 10.30 (h) x 2.40 (d)

Table of Contents

Ch. 1 Introduction 3
A Constitutional history 3
B Approaches to separation of powers analysis 12
C The ambiguities of executive power : competing theories of the presidency 16
D An institutional overview 26
Ch. 2 Framework : the separation and confluence of powers 37
A Analytic framework 37
B Combining powers in the executive 112
C Fundamental checks and balances 150
Ch. 3 Autonomy and mutual accountability among the branches 229
A Congressional power over the membership of the branches 229
B Immunites of government officers 272
C Information and accountability 318
D Congressional power to regulate accountability 366
Ch. 4 Control of administration by the elected branches 417
A Personnel 417
B Independent prosecution : a contemporary synthesis 478
C Supervision and coordination of policymaking 499
D Inherent executive authority in domestic affairs? 552
Ch. 5 Foreign policy and national security 613
A Analytic framework : sorting the elected branches' claims to power 614
B Executive claims to inherent and exclusive powers 639
C Congress's role in regulating foreign policy 755
D Judicial review and foreign policy 791
Ch. 6 War powers 807
A Power to commit troops - from the founding to Vietnam 808
B Unilateral presidential initiative after the war powers resolution 857
C Congressionally authorized wars after Vietnam : the Persian Gulf and Iraq wars 901
D Domestic presidential powers in wartime 932
E Peace time authority to use troops for law enforcement ("posse comitatus") 993
F Federalism and war powers 1001
Ch. 7 Power and institutional design : the case of the presidency 1003
A Presidential elections 1004
B Presidential and vice-presidential succession 1068
C Redesigning the president's political role 1074
Appendix : selected statutes and presidential documents 1095
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