Law

The Courts and the President: Judicial Review of Presidential Directed Action

By Charles Wise
Cambridge University Press June 2024

Specifications

ISBN-13
9781009494533
Publisher
Cambridge University Press
Publication
June 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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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 book 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.

Table 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.
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