Abstract

http://ssrn.com/abstract=810864
 
 

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Thinking About Presidents


Robert J. Delahunty


University of St. Thomas School of Law (Minnesota)

John Yoo


University of California at Berkeley School of Law; American Enterprise Institute


Cornell Law Review, Forthcoming
UC Berkeley Public Law Research Paper No. 810864
U of St. Thomas Legal Studies Research Paper No. 05-17

Abstract:     
Why are some Presidents great and others not? Does their attitude toward the Constitution have anything to do with it? What do legal scholars have to contribute to presidential studies? This paper reviews and uses data from the book "Presidential Leadership" to suggest possible relationships between presidential success and their approach to constitutional interpretation. It argues that the formalist versus functionalist debate over the separation of powers has reached a stalemate, and that constitutional law can gain by study of political science approaches to the Presidency. It also suggests that presidential studies, which views reliance on a president's constitutional powers as a sign of failure, can gain new insights by examining a President's use of his formal legal authorities.

Number of Pages in PDF File: 27

Keywords: presidency, presidential power, separation of powers, leadership

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Date posted: October 25, 2005  

Suggested Citation

Delahunty, Robert J. and Yoo, John, Thinking About Presidents. Cornell Law Review, Forthcoming; UC Berkeley Public Law Research Paper No. 810864; U of St. Thomas Legal Studies Research Paper No. 05-17. Available at SSRN: http://ssrn.com/abstract=810864

Contact Information

Robert J. Delahunty (Contact Author)
University of St. Thomas School of Law (Minnesota) ( email )
MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States
John Choon Yoo
University of California at Berkeley School of Law ( email )
Boalt Hall
890 Simon
Berkeley, CA 94720-7200
United States
510-643-5089 (Phone)
510-643-2673 (Fax)
American Enterprise Institute ( email )
1150 17th Street, N.W.
Washington, DC 20036
United States
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