The Puzzling Persistence of Curtiss-Wright-based Theories of Executive Power

18 Pages Posted: 1 Sep 2011 Last revised: 4 Sep 2011

See all articles by Robert D. Sloane

Robert D. Sloane

Boston University - School of Law

Date Written: September 1, 2011

Abstract

This is a brief comment on Curtiss-Wright responding to one of the Journal of the National Security Forum's "Ten Questions" for its recently released symposium issue. It describes the origins of Justice Sutherland's controversial thesis, canvasses a few of the many critiques of that thesis, and offers a few reflections on why a theory about executive power that has been vigorously criticized by scholars across the ideological spectrum continues to exert an influence out of proportion to its substantive merits.

Keywords: Curtiss-Wright, foreign relations, executive power, Presidency, national security

JEL Classification: K19, K33

Suggested Citation

Sloane, Robert D., The Puzzling Persistence of Curtiss-Wright-based Theories of Executive Power (September 1, 2011). William Mitchell Law Review, Vol. 37, p. 5072, 2011, Boston Univ. School of Law, Public Law Research Paper No. 11-38, Available at SSRN: https://ssrn.com/abstract=1920777

Robert D. Sloane (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
1404G
Boston, MA 02215
United States

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