This Essay proposes a typology of presidential powers that seeks to improve how scholars discuss the substance of presidential powers.
The goal is to make it easier to express and to understand the claims and counterclaims often made about the sources, limits, and exclusivity of various presidential powers. Too often, scholars and politicians use somewhat confusing terminology, obscuring their assertions and making it difficult to discern their actual arguments.
This Essay supplies new phrases scholars can use to clarify their claims, and, in doing so, seeks to dispel the seemingly endless confusion that is endemic to arguments about presidential power.
Citation
Saikrishna Prakash, A Taxonomy of Presidential Powers, 88 Boston University Law Review, 327–340 (2008).