The Court and the Two Presidencies Thesis
An Evaluation of Presidential Power on Immigration Policy
Bibliographic Data
| ID | 6183004 |
|---|---|
| Authors | John C Koehler (0000-0002-8777-3107, Political Science and Public Administration, Texas A&M University-Central Texas, Killeen, Texas, corresponding author) |
| Year | 2024 |
| Volume | 51 |
| Issue | 3 |
| Pages | 272-301 |
| Publication date | 2024-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Congress & the Presidency (JOURNAL) |
| Journal identifiers | ISSN: 0734-3469 • E-ISSN: 1944-1053 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/07343469.2024.2352698 |
| OpenAlex | W4399479830 |
| Language | EN |
| Citations received | 1 |
| References cited | 47 |
Enhancing both the policy literature and institutional literature, this article uses instrumental case studies to showcase how the Supreme Court views presidential authority regarding to immigration policy. Immigration policy stems from concurrent authority between the legislature and the executive while bridging domestic and foreign affairs. I contend that the Court's position on the extent of executive authority is congruent with the "Two Presidencies Thesis" by recognizing executive authority with regard to immigration policy that involves diplomatic engagement or national security, while limiting the president on policies that do not have a direct impact on foreign policy. The first category is exemplified by immigration restrictions while the second is illustrated with the issue of deportation. On the issue of border security, the president's power appears to vary. I also argue that limitations on presidential power have resulted from procedural and administrative limitations on the more "domestic" immigration issues, which also provides evidence against the emergence of a unitary executive
Immigration · Immigration policy · Political economy · Political science · Politics · Power (physics · Presidential system · Sociology · Historical and Contemporary Political Dynamics · Immigration Law and Human Rights · Law · Migration, Refugees, and Integration · Public Administration
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| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2026 - 2026 (1) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |