Judging Executive Power: Sixteen Supreme Court Cases that Have Shaped the American Presidency » (New Edition)

Judging Executive Power introduces students to sixteen important Supreme Court cases that have shaped the power of the American presidency. The cases selected include the removal power, executive privilege, executive immunity, the line-item veto, as well as a president's wartime powers from the Civil War to the War on Terror. The book both brings the courts back into the teaching of the American presidency and securely fixes landmark judicial opinions within their political and historical context.

Preface: Bringing the Courts Back In

I Domestic Powers

The Removal Power

1 Myers v. United States (1926) 3

2 Humphrey's Executor v. United States (1935) 17

Executive Privilege

3 United States v. Nixon (1974) 27

Executive Immunity

4 Nixon v. Fitzgerald (1982) 35

5 Clinton v. Jones (1997) 46

Legislative Veto

6 Immigration and Naturalization Service v. Chadha (1983) 59

Line-Item Veto

7 Clinton v. City of New York (1998) 73

II War Powers and Diplomacy

The "Sole Organ" of Foreign Relations

8 United States v. Curtiss-Wright Export Corp. (1936) 87

Wartime and Emergency Powers

The Civil War

9 The Prize Cases (1863) 95

10 Ex parte Milligan (1866) 103

World War II

11 Ex parte Quirin (1942) 111

12 Korematsu v. United States (1944) 121

The Korean War and the Cold War

13 Youngstown Sheet & Tube Co. v. Sawyer (1952) 135

14 United States v. Reynolds (1953) 154

The War on Terror

15 Hamdan v. Rumsfeld (2006) 161

16 Boumediene v. Bush (2008) 180

Glossary of Legal Terms 213

List of Cases 217

Suggested Further Reading 219

Index 223