Congressional Research Service Reports
The following are recent examples of Congressional Research Service Reports addressing different aspects of presidential power. These reports are well-research and nonbiased. They provide quality introductions to current issues and a good basis for further legal and government research, Also, less specialized legal or government knowledge is necessary to understand the information provided. The Congressional Research Service (CRS) also updates reports as needed; the information remains current.
U.S. Congressional Research Service. “Hamdan v. Rumsfeld: Military Commissions in the ‘Global War on Terrorism.’” (RS22466 July 6, 2006). By Jennifer K. Elsea.
Report summarizing Hamdan v. Rumsfeld, the case in which the Supreme Court ruled that the President’s “Authorization to Use Military Force,” which grants the use of war powers, does not extend the executive’s powers beyond those set forth by the Uniform Code of Military Justice. This case addressed the treatment of detainees at the Guantanamo Bay detention facility.
U.S. Congressional Research Service. “Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications.” (RL31133 Mar. 8, 2007). By Jennifer K. Elsea and Richard F. Grimmett.
Report discussing the difference between declarations of war and authorizations for the use of military force. Two appendixes are included that list and summarize the statues “triggered by a declaration of war, declaration of national emergency, and/or the existence of a state war.” This report will assist researchers with understanding the legal components to the executive’s war powers—an important discussion in the current political climate.
U.S. Congressional Research Service. “National Emergency Powers.” (98-505 GOV, Aug. 20, 2007). By Harold C. Relyea.
This in-depth report addresses the emergency powers granted the executive. The development of the National Emergencies Act (50 U.S.C 1601-1651) and subsequent declarations of national emergencies are the focus of the report. This is a good source for understanding the history and continual changes to a controversial aspect of executive power.
Web Resources
These resources were chosen specifically because they represent three different categories of studies on American presidential power: powers of the presidency, arguments against expanded presidential power, and arguments in favor of expanded presidential power.
The Powers of the Presidency
“The President of the United States—Briefly,”
Brief entry that nicely summarizes how the executive office functions and the powers it is granted in the United States Constitution. It also provides links to more information on specific topics, such as Constitutional amendments related to the president’s power. A link to books about the presidency is also included.
“Administration of the Government,”
Provides a discussion of presidential powers, both formal and informal. This is a good source for understanding how the president uses both types of power. This entry provides a nonbiased presentation of presidential powers, which will be helpful for understanding and evaluating sources arguing in favor or against expanded presidential power.
“Executive Power in American Institutional Development,”
Authors argue against the theory of congressional centrality of American politics. It is a good source for understanding the institutional theory of presidential power.
Discussions against Expanded Presidential Power
“Executive Orders and National Emergencies: How Presidents Have Come to ‘Run the Country’ by Usurping Legislative Power,”
Authors address how presidents in the twentieth century have extended executive power through use of the generally defined war powers of the executive. The authors argue that executive power has grown because of the overall expansion of the federal government. They believe that it is the fault of the Congress for not limiting executive power. They address many of the core elements to understanding executive power: constitutional limits, the role of the legislature, and national emergencies.
“Executive Power and Breathing Space for Liberty,”
Commentary by law professor Peter Shane addressing the difference between norms and technical law. The author, writing about the CIA surveillance project, argues in favor of looking at violations by the executive regarding the norms of American politics rather than debating if the executive technically broke any laws.
Discussions in Favor of Expanded Presidential Power
“Lincoln’s Example and the Survival of Constitutionalism,”
B. A. Kleinerman, in the article “Lincoln’s Example and the Survival of Constitutionalism,” argues in favor of a strong executive in the United States. The author uses the example of Lincoln’s administration as a basis for a discussion of contemporary uses of executive power.
“History and Executive Power,”
While this article comes from a decidedly biased source, the American Enterprise, it is effective for understanding one side of the debate of presidential power in the current political climate. The author argues in favor of a strong presidency through a brief historical analysis of past administrations.
Correspondence concerning this column should be addressed to Neal Wyatt, The Alert Collector, c/o RUSA, 50 E. Huron, Chicago, IL 60611; alertcollector@comcast.net. Wyatt is a collection development and readers’ advisory librarian from Virginia. She wrote The Readers’ Advisory Guide to Nonfiction (ALA Editions, 2007), is an editor of Library Journal’s “Reader’s Shelf” column, and compiles LJ’s weekly “Wyatt’s World Lists.”
Amalia L. Monroe is a Social Sciences Librarian at the University of Kansas, Lawrence.