The President's Authority to Promulgate Death Penalty Standards

Abstract

This thesis examines the authority of the President to promulgate the death penalty standards contained in Rule for Courts-Martial 1004 of the Manual for Courts-Martial, United States, 1984. The Presidential promulgation of this rule involves serious separation of powers issues with respect to his power to determine the circumstances which warrant capital punishment, to establish substantive law for the military justice system, and to make rules for the Armed Forces in his capacity as Commander-in-Chief. This thesis concludes that, in light of Congressional delegation of authority to the President, his issuance of the death penalty standards was proper.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1989
Accession Number
ADA451140

Entities

People

  • Annamary Sullivan

Organizations

  • The Judge Advocate General's Legal Center and School

Tags

Communities of Interest

  • Energy and Power Technologies

DTIC Thesaurus Topics

  • Commerce
  • Congress
  • Court Martial
  • Criminals
  • Executives
  • Judicial Branch
  • Law
  • Mental Processes
  • Military Law
  • Military Operations
  • National Governments
  • National Security
  • President (United States)
  • Security
  • Societies
  • Supreme Court
  • United States

Readers

  • Criminal Law
  • Government and Public Administration Law.