The Puzzling Persistence of Curtiss-Wright-based Theories of Executive Power
William Mitchell Law Review, Vol. 37, p. 5072, 2011
Boston Univ. School of Law, Public Law Research Paper No. 11-38
18 Pages Posted: 1 Sep 2011 Last revised: 4 Sep 2011
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: Suggested Citation