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Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers
Supreme Court Nominee Elena Kagan
Our Price: $15.00
By Todd B. Tatelman
Year: 2010
Pages: 20
Binding Paperback
ISBN 9781437935226

Product Code: 1437935222

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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