Lower Court Checks on Supreme Court Power

1959 ◽  
Vol 53 (4) ◽  
pp. 1017-1031 ◽  
Author(s):  
Walter F. Murphy
Keyword(s):  
Presidential Power ◽  
Department Heads ◽  
Lower Court ◽  
Executive Orders ◽  
White House ◽  
The Public ◽  
Political Rivalry ◽  
Merit System ◽  
Political Groups ◽  
Special Competence

Practicing politicians as well as students of politics have long recognized the check on presidential power imposed by the federal administrative machinery. High policy must be interpreted; it can sometimes be changed or even frustrated by the bureaucrats who apply laws and executive orders. Officials down the line have interests, loyalties, and ambitions which go beyond and often clash with the allegiance accorded a given tenant of the White House. Each bureaucrat has his own ideas about proper public policy, particularly in his field of special competence. If a career civil servant, he may identify only partially, if at all, the good of the governmental service, not to say the good of the public, with the ends sought by the Administration. And if he owes his appointment or promotion to other sources than the merit system, he may find a positive conflict between his loyalties to the President and to other politicians or political groups.This conflict can occur at all administrative levels. Cabinet members may make up the President's official family, but some of them are at times his chief rivals for power within his own political party, or, more often, representatives of those rivals. Or the department heads may be so split with sibling political rivalry among themselves that common loyalty to their nominal leader may be subordinated to other values. An observer has lately written: “The conditions which a system of fragmented power sets for the success and the survival of a Cabinet officer encourage him to consolidate his own nexus of power and compel him to operate with a degree of independence from the President.”

Eisenhower’s executive privilege and the public interest

2019 ◽  
pp. 54-84
Author(s):  
Kevin M. Baron
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
Executive Branch ◽  
Executive Power ◽  
Freedom Of Information ◽  
Government Information ◽  
Executive Orders ◽  
White House ◽  
The Public ◽  
The Creation

This chapter delves into the depths of one of the most important developments within modern American politics, the creation and institutionalization of executive privilege. In facing a fervent Congress in the grips of McCarthyism, Eisenhower issued a letter denying testimony to the Senate for the Army-McCarthy hearings. His letter included a memo from Attorney General Brownell that claimed the president had an inherent constitutional privilege to deny information to Congress or the public if it was in the public interest and for national security. This action institutionalized the Cold War Paradigm in the executive branch and created an extra-constitutional power for the president. Eisenhower issued several executive orders concerning classification and public dissemination of government information, along with the creation of the Office of Strategic Information (OSI) within the Commerce Department to oversee these policies. Eisenhower claimed historic precedent to justify his inherent constitutional power, regardless, it showed a learned response that changed executive power. Congress would respond in 1955 by creating the Special Subcommittee on Government Information chaired by Rep. John Moss, given jurisdiction for oversight on all executive branch information policies and practices. With the issue of freedom of information institutionalized in Congress, a 12-year legislative power struggle would unfold between Congress and the White House ending with the passage of the Freedom of Information Act in 1966.

Epilogue

2018 ◽  
Author(s):  
Eric K. Yamamoto
Keyword(s):  
Judicial Independence ◽  
Courts Of Appeals ◽  
Lower Court ◽  
Executive Orders ◽  
Judicial Scrutiny ◽  
The U.S ◽  
Assistance Project

The concise Epilogue describes the U.S. Supreme Court’s late-2017 vacation of the courts of appeals rulings in the International Refugee Assistance Project v. Trump and Hawaii v. Trump cases (determining that the litigated controversy over the president’s January and March 2017 exclusionary executive orders was moot). It incorporates Justice Sotomayor’s dissent and notes that the lower court rulings “may be persuasive and cited as guidance, but not as binding precedent.” It observes therefore that the Korematsu conundrum persists at the heart of these and future liberty and security controversies: careful judicial scrutiny or near unconditional deference, judicial independence or court passivity.

scholarly journals A framework for the Saudi universities governance to achieve competitive advantage in decision making according to the aspirations of Vision 2030

2019 ◽  
Vol 3 (17) ◽  
Author(s):  
Reem Thabet Mohammad Bny Zeed Alqahtani
Keyword(s):  
Public Universities ◽  
Statistical Significance ◽  
Management Strategies ◽  
Point Of View ◽  
Department Heads ◽  
Years Of Experience ◽  
King Saud University ◽  
The Public ◽  
Vision 2030 ◽  
Department Directors

The study aimed at identifying the degree of applying the visual management strategies and the obstacles of applying them in the public universities in Riyadh region in light of the vision of the Kingdom in 2030. In addition, it aimed at identifying the statistical significance differences on the implementation of the visual management strategies from the point of view of department heads according to the variables of gender, Years of service). The researcher followed the descriptive approach. The study community is composed of all department directors at the public universities in Riyadh, specifically King Saud University, Princess Norah Bint Abdul Rahman University, and Saudi Electronic University. The sample of the study was limited to a randomly selected sample of 137 department heads in the public universities under study. The tool consisted of a two-pronged questionnaire, namely the degree of application of the visual management strategies. It includes three sub-axes (rules of operation, disinfection, and elimination of waste), the second axis: obstacles to the implementation of visual management strategies. The results of the study came out with a number of results, the most important of which were: After the implementation of the business rules strategy, a total average of (3.74 of 5) was achieved with a grade of (large), followed by the clearance strategy with an average of (3.61 of 5) (3.53). The results indicated that there were statistically significant differences between the respondents' responses to the implementation of the visual management strategies of the heads of departments In the universities in question are due to the variables (gender, female favor, In addition to the number of years of experience and for the benefit of their experience 5 years than less. In addition, there were statistically significant differences between the responses of the sample members on the obstacles of visual administration in the heads of departments at King Saud University, Princess Nora University, In the Riyadh region in view of the vision of the Kingdom in 2030 due to the gender variable. And for the benefit of males. There were no statistically significant differences between the responses of the sample members on the obstacles of visual administration in the heads of departments due to the variable (years of experience, qualification). In the light of the results, a set of recommendations and proposals were presented to activate the implementation of the visual management strategies in the public universities in Riyadh and other Saudi universities in light of the vision of the Kingdom in 2030.      

New dissidence in contemporary Russia: Students, feminism and new ethics

2021 ◽  
pp. 2336825X2110674
Author(s):  
Jan Surman ◽  
Ella Rossman
Keyword(s):  
Civil Society ◽  
Public Discussion ◽  
The Public ◽  
Vague Concept ◽  
Activist Groups ◽  
Political Groups ◽  
Growing Network ◽  
Intellectual Activism

The essay is devoted to the specifics of the contemporary Russian opposition and civil society. We describe the characteristics of contemporary ‘intellectual activism’ and the growing network of small civil and political groups in today’s Russia. We show that Russian civil society remains fragile and fragmented; the public discussion is not focused on strategies of resistance to arbitrariness but on constructing moral categories such as the wide and vague concept of ‘new ethics’. We also show how outsiders appear among contemporary Russian dissidents, who are not supported by most independent leaders and intellectuals – these are young ‘new leftists’ and feminist activist groups. These political activists find themselves under pressure from both the siloviki and the authorities, and in the focus of criticism of opposition leaders, becoming, in fact, dissidents among dissidents in contemporary Russia.

By Executive Order

2021 ◽  
Author(s):  
Andrew Rudalevige
Keyword(s):  
United States ◽  
Chief Executive ◽  
The United States ◽  
Executive Branch ◽  
Federal Agencies ◽  
Presidential Power ◽  
Executive Order ◽  
Personal Power ◽  
Executive Orders

The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. This book provides the first comprehensive look at how presidential directives are written — and by whom. The book examines more than five hundred executive orders from the 1930s to today — as well as more than two hundred others negotiated but never issued — shedding vital new light on the multilateral process of drafting supposedly unilateral directives. The book draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. It explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, the book reveals how the executive branch holds the power to both enact and constrain the president's will.

Exploiting Existing Opinion

2016 ◽  
Author(s):  
George C. Edwards
Keyword(s):  
Research Policy ◽  
Policy Issue ◽  
Abraham Lincoln ◽  
Bill Clinton ◽  
Policy Implications ◽  
Strategic Defense Initiative ◽  
White House ◽  
The Public ◽  
Public Policy Issue ◽  
Strategic Defense

This chapter examines how the president exploits existing opinion on policies by showing the public how its views are compatible with his policies or by increasing the salience of White House initiatives that are popular with the public. Using Abraham Lincoln as an example, the chapter explains how the president can exploit the congruence of the public’s views with those of the White House by articulating opinion in a way that clarifies its policy implications and shows the public that its wishes are consistent with his policies. It also considers how framing and priming allows the president to define what a public policy issue is about, citing the experiences of Bill Clinton and Barack Obama, and media resistance to the White House’s framing of issues. Finally, it shows how the president can influence fluid public opinion by analyzing Ronald Reagan’s Strategic Defense Initiative and George W. Bush’s stem cell research policy.

The Key Ingredients of Presidential Foodways

2017 ◽  
Author(s):  
Adrian Miller
Keyword(s):  
Sweet Potato ◽  
Racial Attitudes ◽  
Public Perception ◽  
First Lady ◽  
White House ◽  
The Public ◽  
The Third ◽  
The People ◽  
The U.S

This chapter itemizes and elaborates on four different component parts (described in the book as "ingredients") that make-up presidential foodways. The first ingredient relates to the president: his or her palate, food philosophy, schedule, wealth and prerogative. The second ingredient involves the people who surround the president: the First Lady, the president's physician, and those who procure food for the White House. The third ingredient is White House culture: the workspace, kitchen equipment and technology, co-workers, perks, presidential pets, wildlife in and outside of the White House and racial attitudes. The fourth ingredient is the unexpected influences: the U.S. Congress, public perception, food gifts from the public, and the climate in Washington, D.C. The chapter includes recipes for roast ducks, popovers (a quick bread), and sweet potato cheesecake.

Protest and survive

2018 ◽  
Author(s):  
Jacquelyn Arnold
Keyword(s):  
Cold War ◽  
Nuclear Weapons ◽  
Policy Making ◽  
Nuclear Disarmament ◽  
Policy Makers ◽  
The Public ◽  
Defence Policy ◽  
Civil Defence ◽  
The Cold War ◽  
Political Groups

This chapter offers a critical investigation into the ways in which the Campaign for Nuclear Disarmament (CND) sought to undermine the official narrative of nuclear weapons and civil defence policy of successive British governments during the last two decades of the Cold War.  The first part of the chapter explores the ways in which CND used the tools of propaganda and parody to turn government advice and publicity surrounding policies of public protection against itself. The second part of the chapter investigates to what extent CND’s activism presented a threat to the process of policy making and to what effect the co-ordinated anti-nuclear campaign by CND and related groups was a cause of anxiety for civil defence planners and policy makers. It asks whether, by offering both the public and political groups of the left alternative politics which sought to challenge the official version of Cold War defence, CND could be said to have contributed to either non-compliance with, or early termination of, civil defence policy.

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