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The Polarized Presidency of George W. Bush$
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George C Edwards III and Desmond King

Print publication date: 2007

Print ISBN-13: 9780199217977

Published to Oxford Scholarship Online: September 2007

DOI: 10.1093/acprof:oso/9780199217977.001.0001

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The Scope of Inherent Powers

The Scope of Inherent Powers

(p.31) 2 The Scope of Inherent Powers
The Polarized Presidency of George W. Bush

Louis Fisher

Oxford University Press

This chapter explores the constitutional source of ‘inherent powers’. Firstly it analyzes what is meant by express, implied, and emergency powers. Then it examines closely the 1936 Supreme Court case, Curtiss-Wright, that is most often cited for supporting inherent and extra-constitutional powers for the president. The chapter then moves to discussing the use of inherent powers by President Harry Truman in 1952 to seize steel mills to prosecute the war in Korea, and the reliance on inherent powers by President George W. Bush to accomplish a range of war-related actions. Truman's initiative was repudiated by the Supreme Court in the Youngstown case, but the legal and political limits of Bush's actions are still being played out.

Keywords:   inherent powers, emergency power, express power, President Harry Truman, sole organ doctrine, Curtiss-Wright, Justice Sutherland

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