University of Pittsburgh

David Harris in the Harvard Political Review on Obama’s Use of Executive Power

Publish Date/Time: 
March 4, 2011

Professor David Harris discussed the use of executive power by the Obama and Bush Administrations in the Harvard Political Review. Justice Jackson’s opinion in the Youngstown Sheet and Tube case, the source of the modern framework for executive power in matters of foreign affairs and war, said that the president would have the most power in these matters when Congress ceded the field to him, the least power when Congress exercised its own authority, and a mixed amount of authority in between. President Obama has largely followed the Jackson template; the Bush Administration, especially in its first term, did not.

 

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