Courts and the President - Judicial Review of Presidential Directed Action

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.

List of contents

1. Presidential directives: constitutional and legal considerations; 2. Presidential directives in American history; 3. Presidents Reagan, George H. W. Bush, and William Clinton; 4. Presidents George W. Bush, and Barack Obama; 5. Presidents Donald Trump and Joe Biden; 6. The impact and implications of Federal court action on presidential directives; References.

Product details

• Authors: Charles Wise, Charles (Ohio State University) Wise
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 30.06.2024
• EAN: 9781009303071
• ISBN: 978-1-0-0930307-1
• No. of pages: 90
• Series: Elements in Public and Nonprofit Administration
• Subjects: Humanities, art, music > Psychology > Applied psychology; Social sciences, law, business > Business > General, dictionaries; USA, BUSINESS & ECONOMICS / Organizational Behavior, Political leaders & leadership, United States of America, USA, Political leaders and leadership, Constitution: government & the state, Constitution: government and the state, Courts & procedure, Legal systems: courts and procedures, Judicial powers, Legal systems: judges and judicial powers