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Presidential Power

Readings and resources concerning presidential power.

President's Relationship with the Legislative Branch

photo of Capitol

Photo of U.S. Capitol from National Parks Service.

Assigned Reading (Class #2, Jan. 9)

Art. I of the U.S. Constitution. Please create a list of means by which Congress can control the President. Recall, in addition, your review of Article II for our first class session, and please try to recall what, if anything, Article II says about means by which Congress can control the President.

Mike Wirth & Suzanne Cooper Guasco, How Our Laws Are Made. Please take time to review this graphic in detail. For those interested in reading the source material for this graphic, see John V. Sullivan, How Our Laws Are Made, H.R. Doc. 110-49 (2007). This second document is included for your reference, but it is not required reading.

David Weigel, Claiming mandate, GOP Congress lays plan to propel sweeping conservative agenda, Wash. Post (Jan. 1, 2017).  Please read this article in full.

Jack M. Beermann, Congressional Administration, 43 San Diego L. Rev. 61 (2006). Link to an excerpted version (assigned). Link to pre-publication version (much longer). Link to published version on HeinOnline

Ronald M. Levin, The REINS Act: Unbridled Impediment to Regulation, 83 Geo. Wash. L. Rev. 1446 (2015). Please read pages 1447-1453 of this article. The rest of the article is included for your reference, but it is not assigned. 

Regulations from the Executive in Need of Scrutiny Act of 2015, H. R. No. 427, 114th Cong. 1st Sess. (2015). Read this text of a version of the proposed REINS Act. (For status information see this page.)

More Information About Legislative Process, Executive Orders

John Contrubin, Cong. Research Serv., Executive Orders and Proclamations (1999)

Developments in the Law--Presidential Authority, 125 Harv. L. Rev. 2057-2156 (2012). Major sections:

  • The President's Role in the Legislative Process
  • Presidential Power and the Office of Legal Counsel
  • Presidential Involvement in Defending Congressional Statutes
  • Executive Appointments

More Information About Congress & Agencies

Walter J. Oleszek, Cong. Research Serv., R41079, Congressional Oversight: An Overview (2010)

Curtis W. Copeland, Cong. Research Serv., R34354, Congressional Influence on Rulemaking and Regulation Through Appropriation Restrictions (2008)

Henry B. Hogue & Maeve P. Carey, Cong. Research Serv., R44083, Appointment and Confirmation of Executive Branch Leadership: An Overview (2015)

Christopher M. Davis & Michael Greene, Cong. Research Serv., RL30959, Presidential Appointee Positions Requiring Senate Confirmation and Committees Handling Nominations (2016)