The Politics of Shared Power: Congress and the ExecutiveAs Congress and the president battle out the federal deficit, foreign involvements, health care, and other policies of grave national import, the underlying constitutional issue is always the separation of powers doctrine. In The Politics of Shared Power, a classic text in the field of executive-legislative relations, Louis Fisher explains clearly and perceptively the points at which congressional and presidential interests converge and diverge, the institutional patterns that persist from one administration and one Congress to another, and the partisan dimensions resulting from the two-party system. Fisher also discusses the role of the courts in reviewing cases brought to them by members of Congress, the president, agency heads, and political activists, illustrating how court decisions affect the allocation of federal funds and the development and implementation of public policy. He examines how the president participates as legislator and how Congress intervenes in administrative matters. Separate chapters on the bureaucracy, the independent regulatory commissions, and the budgetary process probe these questions from different angles. The new fourth edition addresses the line item veto and its tortuous history and prospects. A chapter on war powers and foreign affairs studies executive-legislative disputes that affect global relations, including the Iran-Contra affair, the Persian Gulf War in 1991, and American presence in conflicts such as Haiti and Bosnia. An important new discussion focuses on interbranch collisions and gridlock as they have developed since 1992. |
From inside the book
Results 1-5 of 92
Page ix
... Executive Departments 107 Control of Federal Personnel 118 Autonomy of Agency Proceedings 129 The President's Inner Circle 132 Conclusions 145 5 THE INDEPENDENT REGULATORY COMMISSION : MAHOMET'S COFFIN 146 Conflicting.
... Executive Departments 107 Control of Federal Personnel 118 Autonomy of Agency Proceedings 129 The President's Inner Circle 132 Conclusions 145 5 THE INDEPENDENT REGULATORY COMMISSION : MAHOMET'S COFFIN 146 Conflicting.
Page 8
... agency should exist and function.24 Once an office has been authorized by Congress , it must be filled . Otherwise the statu- tory purpose would be nullified by the president's failure to appoint officials to carry out the law . When an ...
... agency should exist and function.24 Once an office has been authorized by Congress , it must be filled . Otherwise the statu- tory purpose would be nullified by the president's failure to appoint officials to carry out the law . When an ...
Page 16
... Agency ( EPA ) as part of the subcommittee's investigation of the Superfund program , a $ 1.6 billion program established by Congress to clean up hazardous waste sites and to prosecute companies responsible for illegal dump- ing . There ...
... Agency ( EPA ) as part of the subcommittee's investigation of the Superfund program , a $ 1.6 billion program established by Congress to clean up hazardous waste sites and to prosecute companies responsible for illegal dump- ing . There ...
Page 21
... agency ac- tivities . Both Congress and the president , through longstanding prac- tices , attempt to direct the ... agencies , such as the Federal Trade Commission and the Interstate Commerce Commission , have been described variously ...
... agency ac- tivities . Both Congress and the president , through longstanding prac- tices , attempt to direct the ... agencies , such as the Federal Trade Commission and the Interstate Commerce Commission , have been described variously ...
Page 23
... agencies . Others result from agency regulations , presiden- tial proclamations , and executive orders . Express Powers Article II of the Constitution is remarkable for 2: PRESIDENT AS LEGISLATOR.
... agencies . Others result from agency regulations , presiden- tial proclamations , and executive orders . Express Powers Article II of the Constitution is remarkable for 2: PRESIDENT AS LEGISLATOR.
Contents
Techniques of ExecutiveLegislative Control | 153 |
More Power to the President? | 167 |
Conclusions | 174 |
WAR POWERS AND FOREIGN AFFAIRS | 177 |
Foreign and Domestic Affairs | 178 |
The TreatyMaking Power | 182 |
The War Power | 191 |
Covert Operations | 206 |
Executive Lobbying | 51 |
Restrictions on Executive Lobbying | 58 |
Conclusions | 65 |
CONGRESS AS ADMINISTRATOR | 68 |
Constitutional Basis | 69 |
Instruments of Legislative Control | 71 |
The Growth of Formal Controls | 83 |
Legislative Veto | 91 |
Conclusions | 104 |
BUREAUCRACY AGENT OF CONGRESS OR THE PRESIDENT? | 106 |
Creating the Executive Departments | 107 |
Control of Federal Personnel | 118 |
Autonomy of Agency Proceedings | 129 |
The Presidents Inner Circle | 132 |
Conclusions | 145 |
THE INDEPENDENT REGULATORY COMMISSION MAHOMETS COFFIN | 146 |
Conflicting Assessments | 148 |
The Need for Comity | 213 |
Conclusions | 215 |
BUDGETARY CONTROL | 218 |
Evolution of National Structures | 219 |
Budget and Accounting Act | 222 |
Budget Act of 1974 | 227 |
GrammRudmanHollings | 236 |
Budget Enforcement Act of 1990 | 239 |
The Item Veto | 242 |
Conclusions | 250 |
Epilogue | 252 |
Notes | 257 |
Selected Bibliography | 293 |
Index of Cases | 299 |
Index | 303 |
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Common terms and phrases
1st sess 2d sess action agency agreement amendment appointment appropriations bills Appropriations Committee Att'y Gen attorney authority Budget Act Bureau Carter Chadha Clinton comptroller Cong Congressional Record constitutional counsel D.C. Cir decision deficit delegated Democrat dent duties enacted executive branch executive departments executive officials federal FERC fiscal foreign affairs foreign policy functions funds Gramm-Rudman gress Ibid independent commissions independent regulatory commissions Iran-Contra Iran-Contra affair issue item veto judiciary Justice Department legislative veto liaison line-item veto lobbying Louis Fisher members of Congress ment military Nixon Office operations pocket veto political President Reagan president's power presidential procedures proposed Public Papers Reagan administration Reform regulations reorganization Rept Republican responsibility secretary Senate separation of powers Service spending Stat statute statutory Supreme Court tion tive Treasury treaty U.S. Postal Service United University Press violated vote War Powers Resolution Washington Post White House York
Popular passages
Page 59 - No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device...
Page 82 - US astronomy and astrophysics over the past decades through the scientific programs of the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA), and other federal agencies.
Page 195 - Allow the President to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion, and you allow him to do so, whenever he may choose to say he deems it necessary for such purpose— and you allow him to make war at pleasure...
Page 128 - There are certain political duties imposed upon many officers in the executive department, the discharge of which is under the direction of the President. But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Page 70 - Executive power in a single person, though he was not for giving him the power of war and peace. A single man would feel the greatest responsibility and administer the public affairs best. MR. SHERMAN said he considered the Executive magistracy as nothing more than an institution for carrying the will of the Legislature into effect...
Page 195 - Congress ex majore cautela and in anticipation of such astute objections, passing an act "approving, legalizing, and making valid all the acts, proclamations, and orders of the President, etc., as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Page 5 - While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity.