Depth in Norms

2021 ◽  
pp. 76-98
Author(s):  
Stephen Skowronek ◽  
John A. Dearborn ◽  
Desmond King
Keyword(s):  
Public Perception ◽  
Executive Branch ◽  
Administrative Discretion ◽  
Department Of Justice ◽  
Federal Bureau Of Investigation ◽  
Collective Interest ◽  
Deep State ◽  
The Moment ◽  
Shared Understandings ◽  
Personal Interests

This chapter examines depth in norms, shared understandings of what constitutes appropriate political and institutional behavior. Norms that shield the work of administrators reflect an abiding, collective interest in preventing the operations of the executive branch from being overrun by personal interests and the political calculations of the moment. Nowhere in the executive branch do norms play a larger role than in law enforcement, where they figure prominently in public perception of the legitimacy of the entire operation. By the same token, however, political insulation and administrative discretion make the Federal Bureau of Investigation and the Department of Justice prime sites both for resistance to the claims of a unitary executive and for presidential suspicions about a Deep State with interests of its own.

Chilbom

2019 ◽  
pp. 105-116
Author(s):  
Alan McPherson
Keyword(s):  
Federal Bureau ◽  
Department Of Justice ◽  
Federal Bureau Of Investigation ◽  
Chilean Government

This chapter begins Part Two of the book, “Investigation.” “CHILBOM” is the code-name that the Federal Bureau of Investigation gives to the Letelier case, suspecting early that the Chilean government is involved but confirming only after a year and a half of investigation. Eugene Propper is the Assistant US Attorney in charge of the investigation at the Department of Justice, with the FBI assisting.

Introduction

2021 ◽  
pp. 1-10
Author(s):  
Christina L. Boyd ◽  
Michael J. Nelson ◽  
Ian Ostrander ◽  
Ethan D. Boldt
Keyword(s):  
Local Community ◽  
Attorney General ◽  
Political Influence ◽  
Executive Branch ◽  
Department Of Justice ◽  
High Ranking ◽  
Political Environments ◽  
The U.S

Scholars, politicians, and prosecutors themselves have repeatedly maintained that federal prosecutors have vast independence when carrying out their jobs. Despite this, we argue that federal prosecutors are constrained by the federal and local political environments in which they serve. U.S. Attorneys, the chief federal prosecutors for the 93 federal judicial districts around the country, are selected through a politically driven appointment process and operate within the purview of the Department of Justice, an executive branch agency. Federal prosecutors are led by the U.S. Attorney General, a presidential appointee and high-ranking member of the president’s cabinet. And U.S. Attorneys are invested members of their local community and are likely to be mindful of those preferences when making prosecutorial decisions. As a result, we should expect to find political influence at every stage of a U.S. Attorney’s service. The chapter closes with a preview of the full book.

Push Comes to Shove

2021 ◽  
pp. 3-12
Author(s):  
Stephen Skowronek ◽  
John A. Dearborn ◽  
Desmond King
Keyword(s):  
Public Policy ◽  
Executive Branch ◽  
The State ◽  
Support Networks ◽  
Public Servants ◽  
Checks And Balances ◽  
Knowledge Based ◽  
Deep State ◽  
Good Government

This chapter introduces the main themes of the book. It situates the concepts of the Deep State and the unitary executive in the politics of the Trump presidency. When President Trump employed the term “Deep State,” he envisioned a duly elected leader hindered in the pursuit of his political priorities by an entrenched officialdom and their extensive support networks arrayed. Americans are predisposed to be wary of the state, and the specter of a Deep State is a national nightmare. President Trump invoked this image to strengthen the case for an executive branch unified and hierarchically controlled by the president. But for defenders of steady management, the presence of trained public servants is a necessary means to implementing knowledge-based public policy, guarding against hasty and arbitrary impositions, and ensuring that checks and balances work. The Deep State and the unitary executive are phantom twins, symptoms of two different conceptions of good government in contemporary America.

The Federal Trade Commission: The Development of the Law which led to its Establishment

1915 ◽  
Vol 9 (1) ◽  
pp. 57-67
Author(s):  
James A. Fayne
Keyword(s):  
Federal Trade Commission ◽  
Executive Branch ◽  
Department Of Justice ◽  
Private Business ◽  
Administrative Work ◽  
Regulate Competition ◽  
Corporation Law ◽  
The Supreme Court ◽  
The Government ◽  
Circuit Courts

It was Munn vs. Illinois that first interpreted the constitutional provision empowering Congress to regulate commerce in such a way as to charge private business with a public interest. Since that epochal finding our courts have made comparatively swift progress, reaching ultimately (through the Standard Oil and tobacco decisions) a federal trade commission to regulate competition in trade and to restrain illegal combinations. All of this has been done during the professional life of many lawyers of today, for Munn vs. Illinois was decided in 1876.Writers upon the trend of legislation and of court decisions had clearly predicted this last development of corporation law. The incident of climax importance however, was the remanding of the oil and tobacco cases to the circuit courts where the decrees of dissolution were to be worked out in conjunction with the department of justice. This was administrative work, and a department of the executive branch of the government should do it. Hence the creation of the trade commission, empowered to investigate the carrying out of the decrees of the supreme court and to prepare the form of decree in certain cases referred to it by the circuit courts.

scholarly journals The Practice of Introducing Restrictions on the Right to Freedom of Peaceful Assembly within Administrative Proceedings and the Place of the Judicial Branch of Power in Determining the Admissibility of Such Restrictions

2020 ◽  
Vol 90 (3) ◽  
pp. 162-176
Author(s):  
М. А. Самбор
Keyword(s):  
Supreme Court ◽  
Executive Branch ◽  
Constitutional Court ◽  
Administrative Discretion ◽  
The Supreme Court ◽  
Executive Agencies ◽  
Administrative Proceedings ◽  
The Right ◽  
Legal Understanding

The author has researched the practice of the executive branch of power of Ukraine in establishing a collective (general) ban and restriction of the right to freedom of peaceful assembly under quarantine, as well as the place and role of the judicial branch of power represented by the Supreme Court and the Constitutional Court of Ukraine in determining the constitutionality of such restrictions and prohibitions. The powers of the Supreme Court on the constitutional submission to the Constitutional Court of Ukraine on the constitutionality of the Resolution of the Cabinet of Ministers of Ukraine “On quarantine to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 and stages of weakening of anti-epidemic measures” dated from May 20, 2020 No. 392 on the establishment of a ban on the exercise of the right to freedom of peaceful assembly within administrative proceedings during the introduction of quarantine in Ukraine, as well as the justification of such a constitutional submission. It is important to analyze and form a legal understanding of the Decision of the Constitutional Court of Ukraine on the unconstitutionality of restricting and prohibiting the exercise of the right to freedom of peaceful assembly during quarantine within administrative proceedings – by adopting the relevant resolution by the Cabinet of Ministers of Ukraine, which was the result of administrative discretion of the highest agency in the system of executive agencies of Ukraine. In this regard, the study focuses on the motivation and validity of the decision of the agency of constitutional jurisdiction and understanding of those legal and social values that were the basis for the judges of the Constitutional Court of Ukraine while adopting the decision dated from August 28, 2020 No 10-r/2020.

Chinese Television Coverage and Chinese Perceptions of Sino-EU Relations

2007 ◽  
Author(s):  
LI XIAOPING
Keyword(s):  
Research Needs ◽  
International Affairs ◽  
Daily Lives ◽  
Trade Relations ◽  
Natural Landscapes ◽  
Chinese Perceptions ◽  
Chinese Television ◽  
The Moment ◽  
Television Coverage ◽  
Personal Interests

This chapter employs a quantitative and qualitative analysis of Chinese television coverage of China–Europe relations to examine many of the outstanding issues of the moment. It notes that reports and comment on Europe and European relations occupy around 10 per cent of coverage on the main news programmes and that most views of Europe are positive, and this in turn may have some kind of impact on the policymaking process in China, though more research needs to be conducted. Overall, however, the chapter concludes that the Chinese understanding of Europe is quite limited, partial, and narrow. Their attention to Europe is confined to international affairs, economic achievements, and natural landscapes. They still consider Europe a remote landmass, with little relevance to their daily lives and personal interests apart from the impacts of Sino–European economic and trade relations.

Organization of the Executive Branch of the National Government of the United States. A Tabular View Showing Changes Made Between March 4 and November 1, 1933

1933 ◽  
Vol 27 (6) ◽  
pp. 942-956 ◽  
Author(s):  
L. F. Schmeckebier
Keyword(s):  
United States ◽  
The United States ◽  
Executive Branch ◽  
National Government ◽  
Legal Services ◽  
Post Office ◽  
Department Of Justice ◽  
Postal Services ◽  
Attorneys General ◽  
The Military

Exceptionally rapid and drastic changes in the functional and structural aspects of the executive branch of the national government of the United States since the advent of the Roosevelt administration tend to leave the observer in a condition of bewilderment, from which he may to some degree be rescued by the guide furnished below. The outline was prepared by the staff of the Institute for Government Research of the Brookings Institution of Washington, and covers all major units of the Executive Departments with the exception of those in the Department of Justice and in the Post Office Department and those supervising the military and naval activities in the War and Navy Departments. For the Department of Justice and the Post Office Department, the supervisory units headed by the assistant attorneys-general and the assistant postmasters-general are included in the terms “Legal Services” and “Postal Services.” For the War and Navy Departments, the designations “Military Services” and “Naval Services” include all of the units supervising these branches. The outline includes also the independent establishments, and in some cases subordinate units are listed. The emergency organizations listed include only units specifically authorized by law or established by the President under general authority vested in him. There are also boards, corporations, and committees which operate with or are advisory to many of the units listed, and in addition some duties have been delegated to existing agencies which have not created separate units for extra work.

scholarly journals The manipulation of History: censorship in Freedom of Information Act requests at the U.S. Department of Justice, Federal Bureau of Investigation

2014 ◽  
Vol 4 (4) ◽  
Author(s):  
R. S. Rose
Keyword(s):  
Freedom Of Information ◽  
Federal Bureau ◽  
Department Of Justice ◽  
Freedom Of Information Act ◽  
Federal Bureau Of Investigation ◽  
The U.S

O Freedom of Information Act americano é gratuito até um número de páginas decidido pelo governo, mas as informações dadas estão sujeitas à censura desnecessária. Como essa supressão se relaciona com o Federal Bureau of Investigation, assumimos que grande parte desse controle de informações deve a sua existência a uma regra em casa, seja de facto ou de jure, que restringe qualquer coisa que mesmo parece que pode voltar a assombrar a agência. O suporte é fornecido por documentos liberados pelo FBI contrastados com os mesmos documentos disponibilizados a partir dos serviços de segurança do Canadá.

scholarly journals Prosecuting Executive Branch Wrongdoing

2021 ◽  
pp. 401
Author(s):  
Julian Cook, III
Keyword(s):  
Presidential Election ◽  
Attorney General ◽  
Public Trust ◽  
Executive Branch ◽  
Department Of Justice ◽  
Criminal Investigations ◽  
Independent Counsel

Attorney General William Barr’s handling of Robert Mueller’s Report on the Investigation into Russian Interference in the 2016 Presidential Election was undeniably controversial and raised meaningful questions regarding the impartiality of the Department of Justice. Yet, Barr’s conduct, which occurred at the conclusion of the Mueller investigation, was merely the caboose at the end of a series of controversies that were coupled together from the outset of the investigation. Ensnarled in dissonance from its inception, the Mueller investigation was dogged by controversies that ultimately compromised its legitimacy. Public trust of criminal investigations of executive branch wrongdoing requires prosecutorial independence. To further this critical objective, an investigative and prosecutorial structure must be implemented that grants a prosecutor sufficient latitude to pursue independent investigations while reigning in the exercise of runaway discretion. Indeed, at no time since Watergate has there been such a clear need for reform. This Article will explain why many of the controversies that beset the Mueller investigation can be sourced to the Special Counsel regulations—the rules that governed his appointment, as well as his investigative and prosecutorial authority. And it will explain why many of these ills can be ameliorated by enacting a modified and innovative version of the expired Independent Counsel Statute.

Phantoms of a Beleaguered Republic

2021 ◽  
Author(s):  
Stephen Skowronek ◽  
John A. Dearborn ◽  
Desmond King
Keyword(s):  
Rule Of Law ◽  
Chief Executive ◽  
Executive Branch ◽  
Presidential Power ◽  
American Government ◽  
The Rule Of Law ◽  
The People ◽  
Deep State ◽  
Scant Attention ◽  
The Will

As the nation’s chief executive, Donald Trump pitted himself repeatedly against the institutions and personnel of the executive branch. In the process, two once-obscure concepts came center stage in an eerie face-off. On one side was the specter of a “Deep State” conspiracy – administrators threatening to thwart the will of the people and undercut the constitutional authority of the president they elected to lead them. On the other side was a raw personalization of presidential power, one that a theory of “the unitary executive” gussied up and allowed to run roughshod over reason and the rule of law. The Deep State and the unitary executive framed every major contest of the Trump presidency. Like phantom twins, they drew each other out and wrestled to light basic issues of governance long suppressed. Though this conflict reached a fever pitch during the Trump presidency, it is not new. Stephen Skowronek, John A. Dearborn, and Desmond King trace the tensions between presidential power and the depth of the American state back through the decades and forward through the various settlements arrived at in previous eras. Phantoms of a Beleaguered Republic is about the breakdown of settlements and the abiding vulnerabilities of a Constitution that gave scant attention to administrative power. Rather than simply dump on Trump, the authors provide a richly historical perspective on the conflicts that rocked his presidency, and they explain why, if left untamed, the phantom twins will continue to pull American government apart.

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