Explores the dynamic institutional relationship that historically exists between the President and the Supreme Court
The Collision of Political and Legal Time
Foreign Affairs and the Supreme Court's Transformation of Executive Authority
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Kimberley L. Fletcher
How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-Wright Court, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority.
Kimberley L. Fletcher is an Assistant Professor of Political Science at San Diego State University.