Cite as: 511 U. S. 462 (1994)
Syllabus
the President, or by another elected official, in excess of his statutory authority is not ipso facto in violation of the Constitution, as the Court of Appeals seemed to believe. On the contrary, this Court's decisions have often distinguished between claims of constitutional violations and claims that an official has acted in excess of his statutory authority. See, e. g., Larson v. Domestic and Foreign Commerce Corp., 337 U. S. 682, 691, n. 11; Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 585, 587, distinguished. Such decisions demonstrate that the claim at issue here—that the President violated the 1990 Act's terms by accepting flawed recommendations—is not a "constitutional" claim subject to judicial review under the exception recognized in Franklin, but is simply a statutory claim. The 1990 Act does not limit the President's discretion in approving or disapproving the Commission's recommendations, require him to determine whether the Secretary or Commission committed procedural violations in making recommendations, prohibit him from approving recommendations that are procedurally flawed, or, indeed, prevent him from approving or disapproving recommendations for whatever reason he sees fit. Where, as here, a statute commits decisionmaking to the President's discretion, judicial review of his decision is not available. See, e. g., Chicago & Southern Air Lines, Inc. v. Waterman S. S. Corp., 333 U. S. 103, 113-114. Pp. 471-476. (c) Contrary to respondents' contention, failure to allow judicial review here does not result in the virtual repudiation of Marbury v. Madison, 1 Cranch 137, and nearly two centuries of constitutional adjudication. The judicial power conferred by Article III is upheld just as surely by withholding judicial relief where Congress has permissibly foreclosed it, as it is by granting such relief where authorized by the Constitution or by statute. Pp. 476-477. 995 F. 2d 404, reversed.
Rehnquist, C. J., delivered the opinion of the Court, Part II of which was unanimous, and in the remainder of which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Blackmun, J., filed an opinion concurring in part and concurring in the judgment, post, p. 477. Souter, J., filed an opinion concurring in part and concurring in the judgment, in which Blackmun, Stevens, and Ginsburg, JJ., joined, post, p. 478.
Solicitor General Days argued the cause for petitioners. With him on the briefs were Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, John F. Manning, and Douglas N. Letter.
Senator Arlen Specter, pro se, argued the cause for respondents. With him on the brief were Bruce W. Kauff-
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