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Presidential Discretion
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Book Synopsis The President and Immigration Law by : Adam B. Cox
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Book Synopsis The Discretionary President by : Benjamin A. Kleinerman
Download or read book The Discretionary President written by Benjamin A. Kleinerman and published by . This book was released on 2009 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines both the peril and the promise of presidential power to clarify that what can destroy our Constitution can--if the threat is dire--also save it. An unusually balanced study that argues for a middle path whereby presidents choose consciously to act temporarily outside or even against the laws in serving the nation's best interest.
Book Synopsis Immigration Outside the Law by : Hiroshi Motomura
Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press. This book was released on 2014-06-02 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.
Book Synopsis The Law of the Executive Branch by : Louis Fisher
Download or read book The Law of the Executive Branch written by Louis Fisher and published by Oxford University Press. This book was released on 2014 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.
Book Synopsis Presidential Discretion by : Debtoru Chatterjee
Download or read book Presidential Discretion written by Debtoru Chatterjee and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines the discretionary powers of the President of India. It is replete with examples mainly drawn from India, the Commonwealth countries, and Great Britain, of actual instances of exercise of such powers by a constitutional sovereign. For instance, the book flags the crucial role a President can play in the event of a hung parliament.
Book Synopsis Power without Persuasion by : William G. Howell
Download or read book Power without Persuasion written by William G. Howell and published by Princeton University Press. This book was released on 2015-07-15 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy. Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists. Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.
Book Synopsis The Enigma of Presidential Power by : Fang-Yi Chiou
Download or read book The Enigma of Presidential Power written by Fang-Yi Chiou and published by Cambridge University Press. This book was released on 2017-04-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: With gridlock, presidents increasingly rely on unilateral actions - means not requiring legislative statutes - which many view as tantamount to power. Using a variety of approaches, Chiou and Rothenberg show that this need not be the case as, under many conditions, the chief executive's employment of such tools is constrained. Rather, presidents contemplating issuing executive orders are often constrained by worries about challenging the legislature and the courts. Most notably, the ability of Congress to employ extra-statutory means, involving efforts by legislators and their parties that don't require passing a law, limit how presidents utilize their discretion. Additionally, political parties can influence presidential choices and actions both by restricting the ideological direction in which presidents can push policy via discretionary authority and by agenda-setting and disciplining members in the legislative process. Nor are all presidential actions equal, as the policy area involved and the importance of an action condition presidential power.
Book Synopsis Presidential War Power by : Louis Fisher
Download or read book Presidential War Power written by Louis Fisher and published by . This book was released on 2004 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Book Synopsis The President Who Would Not Be King by : Michael W. McConnell
Download or read book The President Who Would Not Be King written by Michael W. McConnell and published by Princeton University Press. This book was released on 2022-02-15 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
Book Synopsis Presidential War Power by : Louis Fisher
Download or read book Presidential War Power written by Louis Fisher and published by . This book was released on 1995 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fisher chronicles the expansion of the president's power to make war.
Book Synopsis Deliberate Discretion? by : John D. Huber
Download or read book Deliberate Discretion? written by John D. Huber and published by Cambridge University Press. This book was released on 2002-09-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the different approaches legislators use when they write laws.
Book Synopsis Presidential Powers by : Harold J Krent
Download or read book Presidential Powers written by Harold J Krent and published by NYU Press. This book was released on 2005-02-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Framed in Article II of the Constitution, presidential powers are dictated today by judicial as well as historical precedent. To understand the ways the president wields power as well as how this power is kept in check by other branches of government, Harold J. Krent presents three overlapping determinants of the president's role under the Constitution-the need for presidential initiative in administering the law and providing foreign policy leadership, the importance of maintaining congressional control over policymaking, and the imperative to ensure that the president be accountable to the public. Krent’s examination is sweeping, ranging from the president's ability to appoint and remove executive branch officials, to the president's role in proposing and implementing treaties and the power to conduct war, to the extent the president can refuse to turn over information in response to congressional and judicial requests. Finally, Krent addresses the history and purposes of presidential pardons. By drawing on historic and contemporary presidential actions to illustrate his points, Krent reminds us that the president is both an exalted leader with the regalia of power and an American who is and should be accountable to fellow citizens-important considerations as we elect and assess our presidents.
Book Synopsis The Conditions of Discretion by : Joel Handler
Download or read book The Conditions of Discretion written by Joel Handler and published by Russell Sage Foundation. This book was released on 1986-08-20 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School
Book Synopsis The Politics of Presidential Appointments by : David E. Lewis
Download or read book The Politics of Presidential Appointments written by David E. Lewis and published by Princeton University Press. This book was released on 2008-04-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of Hurricane Katrina, many questioned whether the large number of political appointees in the Federal Emergency Management Agency contributed to the agency's poor handling of the catastrophe, ultimately costing hundreds of lives and causing immeasurable pain and suffering. The Politics of Presidential Appointments examines in depth how and why presidents use political appointees and how their choices impact government performance--for better or worse. One way presidents can influence the permanent bureaucracy is by filling key posts with people who are sympathetic to their policy goals. But if the president's appointees lack competence and an agency fails in its mission--as with Katrina--the president is accused of employing his friends and allies to the detriment of the public. Through case studies and cutting-edge analysis, David Lewis takes a fascinating look at presidential appointments dating back to the 1960s to learn which jobs went to appointees, which agencies were more likely to have appointees, how the use of appointees varied by administration, and how it affected agency performance. He argues that presidents politicize even when it hurts performance--and often with support from Congress--because they need agencies to be responsive to presidential direction. He shows how agency missions and personnel--and whether they line up with the president's vision--determine which agencies presidents target with appointees, and he sheds new light on the important role patronage plays in appointment decisions.
Book Synopsis The Law of Presidential Power by : Peter M. Shane
Download or read book The Law of Presidential Power written by Peter M. Shane and published by . This book was released on 1988 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the authors offer a systematic overview of such topics as separation of powers, protecting the exercise of presidential functions, and executive privilege, including relevant cases and materials.
Book Synopsis Comparative Constitutional Law by : Tom Ginsburg
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Book Synopsis The Isolated Presidency by : Jordan T. Cash
Download or read book The Isolated Presidency written by Jordan T. Cash and published by Oxford University Press. This book was released on 2023-09-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Beginning with a discussion of how the regime created by the Constitution requires a strong executive, it then moves to note the different attributes that emerge from the presidency's structure. Specifically, energy, secrecy, continuity, a national perspective, and a longer temporal horizon. The rest of the chapter describes how these attributes fit in with the presidency's constitutional duties and powers, providing the means to achieve the functional ends set by the Constitution. The framework for analyzing the relationship between the office's structure, duties, and powers are five presidential roles: chief executive, chief legislator, chief diplomat, commander-in-chief, and chief constitutionalist. Throughout the chapter it is also noted how this logic interacts with the other branches and points out those areas where the logic may have tensions or be ambiguous, to be resolved by political contestation"--
