Checks on Executive Presidential Orders
Thesis Statement
Executive directives are not explicitly provided for in the U.S. Constitution and their presence and enactment are inferred by the strong executive authority of the president. As such, the United States is a way of ensuring that presidents should not misuse this authority. The rules of the Constitution for the courts, cabinet, and Senate allow checks on executive orders to guarantee that presidents do not abuse their office's power.
The Bibliography Annotated
Chu, V. S., & Garvey, T. (2014). Executive Orders: Issuance, Alteration, and Revocation. Washington, Service for Congressional Studies. This report provides an analysis on the legality of presidential executive orders and sets forth the checks that the other arms of government have at their disposal towards ensuring that such orders are within the scope of presidential powers. In particular, Chu & Garvey (2014) report will be applied in relation to the judiciary’s precedents as examples on how the judiciary limits this implied presidential power and how cabinet can revoke as well as modify presidential veto’s.
Gaziano, T. F. (2001). The Use and Abuse of Executive Orders and Other Presidential Directives. Tex. Rev. L. & Pol., 269-303.
Gaziano (2001) offers an overview of executive directives based on the history of such orders from the period of the nation’s founding fathers. This article delves and reviews executive decisions by former presidents and seeks to offer an analysis of the source of the authority that such presidents used. In addition, the author does strive to highlight the legality of presidential directives and how abuse can be omitted from occurring whenever executive orders are declared.
Kelley, C. S., & Marshall, B. W. (2008). The last word: Presidential power and the role of signing statements. Presidential Studies Quarterly, 38(2), 248-267.
The authors place great importance on the reasons that presidents give executive orders and they seek to apply the theory of unilateral action thereof. They analyze historical significance from signed documents and the manner in which such decisions are limited in independence. The authors are able to show that such limitations on this directives force the president to withhold this discretion to matters that are more political and policy oriented than one that pushes for congressional interests.
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References
Chu, V. S., & Garvey, T. (2014). Executive Orders: Issuance, Modification,and Revocation. Washington,: Congressional Research Service.
Gaziano, T. F. (2001). The Use and Abuse of Executive Orders and Other Presidential Directives. Tex. Rev. L. & Pol., 269-303.
Kelley, C. S., & Marshall, B. W. (2008). The last word: Presidential power and the role of signing statements. Presidential Studies Quarterly, 38(2), 248-267.
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