This paper addresses the impact of executive order issuance on the separation of powers among the executive and legislative branches—particularly in the realm of foreign affairs. It concludes that judicial vagueness and avoidance regarding presidential directives has resulted in increased Executive authority. The aggrandizement of presidential powers in foreign affairs is revealed through examples from both the Bush and the Obama Administrations. By reviewing landmark U.S. Supreme Court cases, such as United States v. Curtiss-Wright Corp. (1936) and Youngstown Sheet & Tube Co. v. Sawyer (1952), the paper examines the traditional framework of the Court regarding presidential direct action and the distribution of power in the federal government.
"The Rise of the Unilateral Executive,"
Vol. 10, Article 8.
Available at: http://digitalcommons.pepperdine.edu/globaltides/vol10/iss1/8