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Imperial from the BeginningThe Constitution of the Original Executive$
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Saikrishna Bangalore Prakash

Print publication date: 2015

Print ISBN-13: 9780300194562

Published to Yale Scholarship Online: September 2015

DOI: 10.12987/yale/9780300194562.001.0001

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Judges as “Shoots from the Executive Stock”

Judges as “Shoots from the Executive Stock”

(p.268) Chapter Eleven Judges as “Shoots from the Executive Stock”
Imperial from the Beginning

Saikrishna Bangalore Prakash

Yale University Press

This chapter discusses the president's implicit duty to execute judicial judgments, and describes the relationship between the executive and the judicial branch. The president must implement court judgments, even when viewing them as erroneous. The president's duty to execute judgments means not only that the president must honor judgments against the government, but the president must also execute judgments awarded in suits in which the government is not a party. The judiciary must be kept as isolated as possible from the executive because of the notion of separation of powers. However, the U.S. Constitution has never forbidden judges from serving in the executive branch or from offering advice to the president. Some federal judges have served as executive officers, negotiating treaties, or advising the executive.

Keywords:   judicial judgments, U.S. president, judiciary, U.S. Constitution, executive branch

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