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Chapter 21 - The President’s Role

from Section A: Administrative Law

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

The Court dealt with the relation between the president and administrative agencies in several cases. It endorsed the Progressive view that agencies had to be substantially independent of the president by limiting the president’s power to remove agency members, but applied the nonfdelegatin doctrine generously in upholding a broad delegation in the field of foreign affairs and in doing the same in connection wh legal challenges to FDR’s recognition of the Soviet Union.

Keywords

presidential removal powerMyers v. United StatesHumphrey’s Executor v. United StatesBrownlow CommissionGeorge Sutherlandforeign affairsUnited States v. Curtiss-WrightSoviet UnionMaxim Litvinovdestroyers-for-bases dealRobert Jackson
Type
Chapter
Information
The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
 , pp. 472 - 511
Publisher: Cambridge University Press
Print publication year: 2022

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  • The President’s Role
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.023
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  • The President’s Role
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.023
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The President’s Role
  • Mark V. Tushnet, Harvard Law School, Massachusetts
  • Book: The Hughes Court
  • Online publication: 13 January 2022
  • Chapter DOI: https://doi.org/10.1017/9781009031141.023
Available formats
×