Q: What is Presidential Discretion?
Presidential Discretion
-Analyze presidential authority through Youngstown framework
-Jackson concurrence
-1) Express or implied statutory authority – highest power
-2) Contrary to Congress’s express or implied power – lowest authority
-3) No Congressional grant or denial – middle ground
-Shows that Congressional policy determines presidential power
-Can make law through executive orders (e.g., Emancipation proclamation; enemy combatants) – need authority from constitution or statutes
-law straight out
-add substantive authority to agency
-exercise coordination (e.g., coordinate things related to auto industry)
-Environmental Defense Fund v. Thomas (D.D.C. 1986): OMB can’t engage in activities to increase delay
-OMB held up EPA regulation by reviewing it
-Can’t sue president under APA
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A: Dave Hancock's Answer
Isn’t the ability to file a cause of action, against any goverment employeed responsible person, based on the inherent harm, or intent, thereof. via the 1967 Covenant of Political and Civil Rights of the Individual, now Treatied?
A: Dave Hancock's Answer
I just want to know.