Executive Power

Executive Power

Creating the Executive branch was a difficult task for the Founders. They knew they didn’t want a king but what powers did a President and his staff rightfully need to execute and uphold the law? Episodes in this unit cover topics related to specific Presidential responsibilities and powers, as well as questions about who qualifies as an “Officer of the United States,” and the balance of power between the Executive and Legislative branches.

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14 of 16: Is there a Non-Partisan Standard for Evaluating Presidential Power? [No. 86]

Professor Saikrishna Prakash proposes that the best objective standard for evaluating presidential power is the Constitution itself. The practice of former presidents is almost always evaluated by partisan viewpoints, depending on whether someone lik ... Professor Saikrishna Prakash proposes that the best objective standard for evaluating presidential power is the Constitution itself. The practice of former presidents is almost always evaluated by partisan viewpoints, depending on whether someone likes the outcome of a particular action.

Professor Saikrishna Prakash is the James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law at the University of Virginia School of Law.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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