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.

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