Imbalance of Powers: Constitutional Interpretation and the Making of American Foreign Policy

By Gordon Silverstein | Go to book overview

Index
ABM. See Anti-Ballistic Missile Treaty
Abzug, Bella, and war powers, 128
Adams, Henry, and Louisiana purchase, 47, 214 n.4
Adams, John, 8, 61
Afroyim v. Rusk ( 1967), 112-13
Aikcn, George, 84
Albcrt, Carl, and Tonkin Gulf resolution, 84
Al-Sbiraa, 146
Ambrose, Stephen, and Watergate, 98 n.54
American Bar Association and Bricker Amendment, 77
American Cetacean Society, 179
American International Group, Inc. v. Islamic Republic of Iran ( 1981), 178 n.23
Anti-Ballistic Missile Treaty, 160-63
Anticipated reactions, 14
Aptheker v. Secretary of State ( 1964), 114
Arms control. See Congress and arms control
Arms sales. See Congress and arms sales
Arrow, Kenneth, 192 n.7
Articles of Confederation, 31
Aspin, Les, and intelligence oversight, 150
Attentive constituents, 194
AuCoin, Les, and war powers, 135
AWACS. See Saudi Arabia and AWACS sale
Baker v. Carr ( 1962), 103, 104 n.7. See also Constitutional interpretation and political question doctrine
Balanced budget amendment, 16 n.27, 219
Banks, William, and appropriations power, 125 n.15
Bay of Pigs, 10; legal defense, 146
Beacon Products v. Reagan ( 1986), 189
Bethlehem Steel v. Bush ( 1990), 181 n.34
Bickel, Alexander, and political questions, 102-103; and war powers, 133
Bill of Rights, 29
Bingham, Jonathan, and delegation of power, 165; and emergency powers, 155
Black, Hugo, and expatriation, 112-13; and individual rights, 108, 110, 117; and separation of powers to executive, 105, 116-17
Blackmun, Harry, and legislative intent, 179, 216; and treaty power, 216
Blame avoidance. See Congress, delegation of powers to executive
Boland amendments, 147
Bosnia and arms embargo debate, 5, 5 n.6, 131, 198 n.39
Bowsher v. Synar ( 1986), 187-88
Brandeis, Louis, and separation of powers, 104
Brennan, William, and individual rights, 116-17; and political questions, 103, 104 n.7; and separation of powers, 104, 173-74
Brickcr Amendmcnt, 5 n.3, 75-78, 129
Buckley v. Valeo ( 1976), 185
Burgin, Eilcen, 198, 202 n.51
Burkc, Jamcs, and delegation of power, 164
Bush, George, and constitutional interpretation, 172; and executive power, 149; and intelligence oversight, 150, 171-72; and original intent, 137; and Persian Gulf conflict, 134, 136, 177 n.17; and signing statements, 167
Byrd, Robert, 131
Cambodia, 90, 92-94
Cardozo, Benjamin, and emcrgency powers, 184; and undue delegation, 184
Carter, Jimmy, and executive agrcemcnts, 178; and executive power, 147, 162; and Iran hostage crisis, 154-55, 178; and SALT agreement, 163; and treaty power, 173
Casper, Gerhard, 48
Central Intelligence Agency and domestic surveillance, 90, 142; and Eisenhower administration, 75; and Nixon administration, 90
Chae Chan Ping v. United States ( 1889), 34
Chase, Salmon, 34, 52
Cherokee cases. See Worcester v. State of Georgia ( 1832)
Chevron v. Natural Resources Defense Council ( 1984), 15 n.24, 172 n.4, 181-83, 186
Chinese exclusion case. See Chae Chan Ping v. United States ( 1889)
Chris Sale, Acting Commissioner; Immigration and Naturalization Service v. Haitian Centers Council ( 1993), 15 n.24, 172 n.4, 216
Church, Frank, and emergency power, 152; and executive power, 91
Church Committee, 142-143, 148-149. See also Congress and intelligence oversight
Clark, Ramsey, and emergency power, 151; and impoundment of funds, 97
Clark, Tom, 36; and separation of powers, 106
Clean Air Act amendments ( 1977), 181
Clifford, Nathan, 34
Clinton, William, 5; and Bosnia, 132; and Haiti, 126 n.18; and war powers, 126 n.18
Coastal trade. See Jefferson, Thomas
Cohen, William, 5-6; and war powers, 133
Commerce power. See Congress and commerce power
Competition in Contracting Act ( 1984), 177
Congress, 104th, 4, 129, 163-66, 219-20, 171, 180-81, 183; and appropriations powcr, 14, 149-50, 125 n.15, 156, 198; and arms control,

-271-

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