Silence Is Consent for the Modern Presidency

Abstract

This chapter examines the breadth of executive power expansion in the twentieth century. It does this by studying private litigation cases that challenged presidential firings by Woodrow Wilson and Franklin Roosevelt; the landmark “Steel Seizure” case under Harry Truman; financial settlements related to the Iran hostage crisis; the post-9/11 cases of detainee treatment; and the most recent passport case on the U.S. policy toward Israel's capital. In almost all of these private litigation cases, the Supreme Court looked at congressional intention and action to guide their decisions. These precedents help one to understand the most recent legal controversies against President Donald Trump. Wherever federal courts can find Congress's delegation of power, presidents will likely win.