AUTHOR'S NOTE: My thanks to John Hanley for his research assistance on this article and to Louis Fisher for his very welcome editorial suggestions.
The Law: Bush, Cheney, and the Separation of Powers: A Lasting Legal Legacy?
Article first published online: 15 OCT 2009
© 2009 Center for the Study of the Presidency
Presidential Studies Quarterly
Volume 39, Issue 4, pages 878–895, December 2009
How to Cite
SILVERSTEIN, G. (2009), The Law: Bush, Cheney, and the Separation of Powers: A Lasting Legal Legacy?. Presidential Studies Quarterly, 39: 878–895. doi: 10.1111/j.1741-5705.2009.03712.x
- Issue published online: 15 OCT 2009
- Article first published online: 15 OCT 2009
The George W. Bush administration will long be remembered for its constitutional and legal arguments on behalf of exclusive and inherent executive power. In its extreme form, this uncompromising effort appears to have failed, and may even have pushed the judicial branch to limit executive authority and return to a more traditional insistence on interbranch cooperation in foreign affairs. Ironically, the Bush-Cheney legal legacy ultimately will depend on the Barack Obama administration's public commitments and legal arguments, but early evidence suggests that President Obama's assertions of executive power will rest less on assertions of constitutional prerogative, and more heavily on statutory delegation as well as long-standing judicial precedent.