![]() ![]() Boyden Gray, Bush 41 OLC AAG Michael Luttig, and Bush 41 Associate White House Counsel Lee Otis.Įvery word of Part III.B is worth reading-and reading again. ![]() The list is impressive, including (from footnote 8): former Trump White House Counsel Don McGahn, Obama OLC DAAG John Bies, Obama Staff Secretary Raj De, Obama Deputy Counsel Chris Fonzone, Bush 43 Solicitor General Paul Clement, Bush 41 White House Counsel C. 19.) In addition to drawing on the political science literature, Grove conducted interviews with numerous former executive branch officials. In Part III.B, Grove details that modern process-a process that “takes place almost entirely behind closed doors the details are not publicly available for many years (if at all).” (P. 16.) That function, she argues, fuels the modern process for presidential directives. Grove, however, concludes that “the text of the Clause suggests that the information-gathering function may be its primary purpose.” (P. First, in Part III.A, she argues that Article II’s Opinions Clause gives the President substantial discretion in fashioning the process for making presidential directives-a novel use of a constitutional provision that has largely been left in the literature to debates about unitary executive theory and presidential supervision of the regulatory state. In Part III, Grove develops an Article II-based theory for presidential directives. These are important contributions to the administrative law, legislation, and legal interpretation literatures.īut my favorite part of the article comes earlier-when Grove explains how presidential directives are actually developed. ![]() 4.) Part IV of the article advances a powerful case for this textualist approach to interpreting presidential directives, and it will no doubt spark a vibrant debate in an interpretive context lacking any serious scholarly conversation. The relevant context encompasses, at a minimum, the text and structure of the directive at issue, other directives issued by the same administration (and likely those of past administrations), as well as linguistic conventions from legal terms of art, dictionaries, and colloquial speech. Udges must abide by the public meaning of the text of a directive, understood in context. 3.) It is important to note that Grove broadly defines presidential directive as any presidential action that “requires, authorizes, or prohibits some action by executive officials.” (P. Grove’s bottom line is that, whatever the merits of the textualism-purposivism debate in statutory interpretation, when it comes to interpreting presidential directives, “Article II and the distinct institutional setting of the presidency point toward textualism.” (P. In Presidential Laws and the Missing Interpretive Theory, Tara Leigh Grove sheds important empirical and theoretical light on how presidents make directives and what that means for interpretive theory. Yet we know little about the process by which these presidential directives are made, much less how they should be interpreted. In that sense, we might be stuck a bit in Dan Farber and Anne Joseph O’Connell’s “ lost world of administrative law.” After all, presidential directives-like President Obama’s executive actions on immigration-play a substantial role in the modern administrative state, and even more so, it seems, in both the Obama and Trump administrations. 1Īlthough we spend some time on what then-Professor Elena Kagan coined “ presidential administration,” the regulation half of the course focuses on how federal agencies regulate and how courts review such regulatory activities. We then spend the rest of the semester exploring how the regulatory process actually works and how that process affects regulatory and statutory interpretation. At the start of the second half of the course, I show How a Bill Does Not Become a Law- Saturday Night Live’s witty take on the Schoolhouse Rock classic based on President Obama’s deferred-action immigration directives. We then spend the first half of the semester exploring how the legislative process actually works today and how that process affects statutory interpretation. On the first day of Legislation and Regulation, I kick off class by showing the classic Schoolhouse Rock music video I’m Just a Bill. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |