THE OBAMA WAR POWERS LEGACY AND THE INTERNAL FORCES THAT ENTRENCH EXECUTIVE POWER

• 成果类型: Article
• 署名作者: Ingber, Rebecca
• 署名单位: Boston University
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/S0002930000763172
• 发表日期: 2016
• 页码: 680-700
• 关键词: LAW; constraints

摘要

In exploring the Obama war powers legacy, this essay examines the systemic forces inside the executive branch that influence modern presidential decision making and, barring a total reimagining of the executive branch, will operate on administrations to come. These mechanisms and norms fall broadly within two categories: (1) features that favor continuity and hinder presidents from effecting change, including both novel assertions of executive power and attempts to dial back that power; and (2) features that incrementally aggrandize such power claims. Together, these two sets of forces operate as a one-way ratchet, slowly expanding and ultimately entrenching executive branch power.