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57 Geo. Wash. L. Rev. 627 (1988-1989)
Congress's Prerogative over Agencies and Agency Decisionmakers: The Rise and Demise of the Reagan Administration's Theory of the Unitary Executive

handle is hein.journals/gwlr57 and id is 635 raw text is: Congress's Prerogative Over Agencies and Agency Decisionmakers: The Rise and Demise of the Reagan Administration's Theory of the Unitary Executive Morton Rosenberg* Table of Contents I. Introduction ........................................... 628 II. Controlling Bureaucracy in a System of Separated Powers: The Standard of Review ...................... 635 III. Historical Practice and Legal Precedents Respecting Congressional Direction and Control of Agency Officials 649 IV. Assessing the Potential Impact of the Whistleblower Bill on the President's Constitutional Role: A Separation of Powers Analysis in Light of Morrison and Mistretta ....... 662 A. Background and Legislative Purpose of S. 508 ..... 662 B. Congressional Authority to Create an Independent Office of Special Counsel .......................... 668 C. Direct Reporting to Congress ...................... 671 D. Justiciability of Suits Brought by the Special Counsel Against Sister Agencies ................... 678 * Specialist in American Public Law, Congressional Research Service, The Lib'ary of Congress. B.A. 1957, New York University; LL.B. 1960, Harvard University. The views expressed in this Article are solely those of the author. The author wishes to thank Alan Morrison, Roy Schotland, and David Vladeck for comments on early drafis of this article, and Bud Graves for his unstinting editorial assistance. January 1989 Vol. 57 No. 3 627

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