The Courts and the President

Judicial Review of Presidential Directed Action

Charles Wise (Ohio State University)

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Hardback

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English

Cambridge University Press
20 June 2024

Constitution: government & the state; Political leaders & leadership; Courts & procedure; Judicial powers

Series: Elements in Public and Nonprofit Administration

Summary
Details

US Presidents have long issued presidential directives to federal agencies to adopt and implement programs to advance presidential priorities, both pursuant to statutes passed by Congress and outside of them. Federal courts from the first presidency established their power of judicial review of such directives, but they have not always exercised that prerogative to restrict wide-ranging assertions of executive power. This examination of judicial decisions analyzes the evolution of federal judicial treatment of presidential directives and the legal bases and principles employed in federal court decisions. This Element assesses the degree to which such decisions have been restrictive or supportive of such presidential directives. A more recent trend toward more restrictive principles is illuminated. Finally, implications for presidential, congressional, and federal agency policymaking are discussed.

By: Charles Wise (Ohio State University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 6mm
Weight: 268g
ISBN: 9781009494533
ISBN 10: 1009494538
Series: Elements in Public and Nonprofit Administration
Pages: 90
Publication Date: 20 June 2024
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active