What Is One Limit That the Executive Branch Can Place on the Supreme Court?
journal article
Political Research Quarterly
Published By: Sage Publications, Inc.
https://doi.org/x.2307/449187
https://www. jstor .org/stable/449187
Few substantive areas have merited every bit piddling empirical scrutiny as the Supreme Court's decisions on the conduct of United States foreign policy. Many scholars accept seemingly accepted as axiomatic that Court decisions on foreign policy have been rare and almost always supportive of the President. We challenge these twin assumptions and demonstrate that the Supreme Court has repeatedly issued decisions on the substance and process of American foreign policy, and that while mostly supportive of the executive branch, the High Court has often ruled confronting it. Moreover, nosotros model the outcomes of these decisions emphasizing the importance of the constitutional ground of laws and issues raised in judicial controlling. We find that the executive branch is least likely to exist supported when a case involved civil liberties, and when the executive powers claimed by the President were neither expressly permitted nor prohibited by the Constitution. The executive branch is more probable to emerge victorious when the case involved the supremacy of federal over state law, foreign actors, or the President's constitutional powers.
Political Research Quarterly (PRQ) is a refereed scholarly periodical publishing original research in all areas of political science. PRQ is published past the University of Utah and is the official periodical of the Western Political Scientific discipline Clan. Most problems also feature field essays integrating and summarizing current knowledge in detail research areas. PRQ is published in March, June, September, and December.
Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE is a leading international provider of innovative, loftier-quality content publishing more than 900 journals and over 800 new books each year, spanning a broad range of subject area areas. A growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned past our founder and after her lifetime will become owned by a charitable trust that secures the company's connected independence. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne. world wide web.sagepublishing.com
Source: https://www.jstor.org/stable/449187
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