Presidential Powers

Harold J. Krent is dean and professor of law at the Chicago-Kent College of Law.

Informative and helpful for clarifying (one's) thinking about executive power issues. It is well structured and well documented. (Law and Politics Book Review) A very valuable work. In a highly accessible way, Harold Krent surveys a wide array of topics involving the authority of the modern presidency, drawing on examples from the earliest days of our Republic to the present. He takes often difficult and complex issues and makes them easily comprehensible so that his book should be of great use to both scholars and newcomers to this field. Having been personally involved in several of the litigation matters Krent uses as examples to illustrate his points, I can attest to the breadth of his knowledge and the quality of his analysis. Put simply, this book is thoughtful, lucid, and well written. - Douglas Letter,United States Department of Justice Krent has written an outstanding book that is sure to become the foundation work for understanding the scope of presidential power, and its ambiguous and important cognate 'executive' power. He is careful to nest his discussion in a broad context that includes other important actors - public and private - that, through their own interaction and with the president and executive branch, affect and indeed on occasion dictate what the president may or may not do. A must read for anyone interested in how our repudiation of a monarchy was and remains balanced against the need for a strong executive. - Nicholas Zeppos,Provost and Vice Chancellor for Academic Affairs and Professor of Law, Vanderbilt University Krents mastery of both the history and the law surrounding presidential power assures that the book will be a significant and unique contribution to its field. - William Marshall,University of North Carolina School of Law

• ContentsAcronyms and Abbreviations Introduction 1 The President's Power to Execute the Laws Passed by Congress A. Presidential Participation in the Legislative Process-The Veto Power B. Degree of Centralized Control over Law Enforcement C. The President's Appointment Power D. The President's Removal Authority E. Presidential Controls under Article II over Rulemaking and Litigation F. Delegations outside the Executive Branch G. One Final Check: Congressional Appropriations Power 2 The Executive's Power over Foreign Affairs A. The Treaty Power B. War Powers C. The Role of Judicial Oversight 3 The Protective Power of the PresidentA. Exercise of War-Type Power in the Face of Domestic Disturbances B. Curtailment of Rights Domestically during Time of WarC. Emergency Measures to Protect Governmental Personnel and Property 4 Presidential Immunities and Privileges A. Immunity from Suit B. Executive Privilege 5 The Pardon Power A. Congressional Interference B. General Separation of Powers Concern C. Pardon Based on Legal Disagreement D. Scope of Judicial Review E. Conditional Pardons Conclusion Notes Bibliography Index About the Author and Acknowledgments