Journal ArticleDOI
Federal District Judges and Presidential Power During the Postwar Era
Craig R. Ducat,Robert L. Dudley +1 more
TLDR
This paper analyzed nearly two hundred federal district court decisions in cases involving the exercise of presidential power during the postwar era and found that judicial decision making appears to be dominated by the recognition of fixed rules, and that identification of the policy-making area alone constitutes an excellent predictor of case outcomes.Abstract:
Analysis of nearly two hundred federal district court decisions in cases involving the exercise of presidential power during the postwar era reveals two very different models of judicial decision making. In cases concerning presidential control of foreign and military policy, judicial decision making appears to be dominated by the recognition of fixed rules. So clear are these rules of deference to the executive that identification of the policy-making area alone constitutes an excellent predictor of case outcomes. By contrast, the statistical importance of such predictor variables as presidential prestige and whether the judge was appointed by the same president as that whose powers are at issue in the case suggests much greater relativism in the judicial response when the president is challenged as a domestic policymaker. As far as the federal district courts are concerned, presidential power over foreign and military affairs may aptly be called "the power to command," while the executive's power in dom...read more
Citations
More filters
Journal ArticleDOI
Foreign Policy and Presidential Popularity: Creating Windows of Opportunity in the Perpetual Election
TL;DR: Variations in public support for the president have been explained in three different ways as mentioned in this paper, i.e., approval has been viewed as controlled by the law of inevitable decline, and public support ha...
Journal ArticleDOI
Bureaucratic Discretion, Agency Structure, and Democratic Responsiveness: The Case of the United States Attorneys
TL;DR: In contrast to popular accounts of the United States Attorneys' splendid isolation, this paper pointed out that structural choices have fundamental and continuing effects on the democratic responsiveness of public agencies, and pointed out the importance of accountability in public agencies.
Journal ArticleDOI
Executive Power in American Institutional Development
TL;DR: In this article, the authors develop an approach for assessing executive power in institutional politics and illustrate the logic of executive influence with three cases: the rise of federal food-and-drug and forestry regulation, and the growth of the federal farm extension service in the early 20th century; the national security state in the mid-twentieth century; and the evolution of budgeting and spending practices over the course of the twentieth century.
Posted Content
Presidential Power and the United States Supreme Court
Andrew B. Whitford,Jeff Yates +1 more
TL;DR: In this article, the authors apply a similar model to the voting records of United States Supreme Court Justices in such presidential power cases and find that justices' decisions to support the president are conditioned upon presidents' public approval ratings and the justices' ideological inclinations.
Journal ArticleDOI
The Solicitor General's Amicus Curiae Strategies in the Supreme Court:
Chris Nicholson,Paul M. Collins +1 more
TL;DR: This paper examined legal, political, and administrative factors that affect the U.S. solicitor general's decision to participate as amicus curiae in the Supreme Court and found that the SG's decision was influenced by legal and political factors.
References
More filters
Book
Taking Rights Seriously
TL;DR: The Model of Rules I 3. The Model of rules II 4. Hard Cases 5. Constitutional Cases 6. Taking Rights Seriously 8. Civil Disobedience 9. Reverse Discrimination 10. Liberty and Moralism 11.Liberty and Liberalism 12. What Rights Do We Have? 13. Can Rights be Controversial? Appendix: A Reply to Critics Index as mentioned in this paper
Book
A matter of principle
TL;DR: A selection of important writings which together suggest that legal philosophy is the nerve of legal reasoning can be found in this paper, where the authors conclude that "legal philosophy is indeed the basis of all legal reasoning".
Journal ArticleDOI
Positivism and the Separation of Law and Morals
TL;DR: In this paper, the authors defend a view which Mr. Justice Holmes, among others, held and for which he and others have been much criticized, arguing that "the sin of insisting, as Austin and Bentham did, on the separation of law as it is and law as they ought to be".