The nature of the presidency in American constitutional governance cannot be understood without reference to norms. 1 These unwritten or informal rules of political behavior provide …
The Supreme Court routinely decides whether particular governmental arrangements contravene" the separation of powers." 1 Such cases touch on questions as diverse and …
Enforcement discretion-the authority to turn a blind eye to legal violations-is central to the operation of both the federal criminal justice system and the administrative state. Yet its …
It is a familiar premise that the Constitution separates legislative, executive, and judicial power to prevent tyranny and protect liberty. I By preventing any one branch from …
It is hard to overstate the power of federal prosecutors. The number of federal criminal laws has exploded in recent decades, I and the punishments attached to those laws have …
Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by …
The growth of the administrative state and the expansion of presidential power have been central features of American political development since the early twentieth century.' …
This book is the first to undertake a detailed historical and legal examination of presidential power and the theory of the unitary executive. This theory--that the Constitution gives the …
Proponents of the unitary executive have contended that its adoption by the framers" swept plural executive forms into the ash bin of history." Virtually every state government, however …