Date of Award
1-1-2014
Language
English
Document Type
Dissertation
Degree Name
Doctor of Philosophy (PhD)
College/School/Department
Department of Political Science
Content Description
1 online resource (iv, 561 pages)
Dissertation/Thesis Chair
Julie Novkov
Committee Members
Bruce Miroff, Udi Sommer
Keywords
American Political Development, Executive politics, Historical Institutionalism, Judicial Decision-making, Unilateral Powers, War Powers, Separation of powers, Executive power, Political questions and judicial power
Subject Categories
Political Science | Social and Behavioral Sciences | United States History
Abstract
A dynamic institutional relationship exists between the United States executive branch and the United States Supreme Court. This dissertation examines how the Court affects constitutional and political development by taking a leading role in interpreting presidential decision-making in the area of foreign affairs since 1936. Examining key cases and controversies in foreign policymaking, primarily in the twentieth and twenty-first centuries, this dissertation highlights the patterns of intercurrences and the mutual construction process that takes place at the juncture of legal and political time. In so doing, it is more than evident that the Court not only sanctions the claims made by executives of unilateral decision-making, but also that the Court takes a leading role in (re)defining the very scope and breadth of executive foreign policymaking.
Recommended Citation
Fletcher, Kimberley Liané, "The collision of political and legal time : foreign affairs and the court's transformation of executive authority" (2014). Legacy Theses & Dissertations (2009 - 2024). 1124.
https://scholarsarchive.library.albany.edu/legacy-etd/1124