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22 Am. U. L. Rev. 667 (1972-1973)
The Constitutional Limitations on the President's Powers

handle is hein.journals/aulr22 and id is 675 raw text is: th AMERIAN LAW VOL. 22-NO. 4 SUMMER 1973 VOLUME 22 SUMMER 1-973 NUMBER 4 THE CONSTITUTIONAL LIMITATIONS ON THE PRESIDENT'S POWERS ARTHUR J. GOLDBERG* INTRODUCTION The executive and legislative branches of our government are cur- rently engaged in a constitutional confrontation on three fronts-the war power, executive agreements, and executive privilege. While Con- gress views the repeated exercises of presidential war power as unilat- eral and therefore unauthorized, the executive views its war actions, particularly in Indochina, as a proper exercise of presidential preroga- tives. The conflicting positions of the parties notwithstanding, the Viet- nam War dramatized what may fairly be described as a recent concen- tration of governmental power in the Executive, one effect of which has * The Author has served as Associate Justice of the Supreme Court, United States Ambassador to the United Nations, and Secretary of Labor. Currently he is a Professor of Law and Diplomacy at the American University. The Author gratefully acknowledges the assistance of Mr. Richard A. Zappa, a third year student at the American University, Washington College of Law, in prepara- tion of this article.

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