Power and Constraint: The Accountable Presidency After 9/11

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Publisher : W. W. Norton & Company
ISBN 13 : 0393083519
Total Pages : 337 pages
Book Rating : 4.3/5 (93 download)

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Book Synopsis Power and Constraint: The Accountable Presidency After 9/11 by : Jack Goldsmith

Download or read book Power and Constraint: The Accountable Presidency After 9/11 written by Jack Goldsmith and published by W. W. Norton & Company. This book was released on 2012-03-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

Presidential Power and Accountability

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Publisher :
ISBN 13 : 9780415536554
Total Pages : 0 pages
Book Rating : 4.5/5 (365 download)

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Book Synopsis Presidential Power and Accountability by : Bruce Buchanan

Download or read book Presidential Power and Accountability written by Bruce Buchanan and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many analysts now believe that the growth of presidential war power relative to Congress is irreversible. This book was written to contest that view. Its purpose is to identify what would be required to restore presidential war power to constitutional specifications while leaving the president powerful enough to do what is truly necessary in the face of any emergency. Buchanan focuses mainly on diagnosing the origins of the problem and devising practical ways to work toward restoration of the constitutional balance of power between Congress and the president. The work begins by showing the lack of clear, widely shared standards whose enforcement is needed to sustain the balance of power and draws on the thinking of the founders and political theorists to crystallize such standards. Next it details how, in the absence of standards, agents such as Congress and the Supreme Court with formal influence on presidents and informal agents such as media and public opinion have unwittingly enabled unnecessary power expansion, such as the presidential 'wars of choice'. Of course change of this magnitude cannot be expected to happen quickly. Remedies necessarily involve a reform architecture intended to unfold gradually, with the first step being simply to start a focused conversation (another purpose of this book). Buchanan moves toward specific remedies by identifying the structure and strategy for a new think tank designed to nudge the political system toward the kind of change the book recommends. Lastly, the book shows how a fictional policy trial could take a practical step toward in rebalancing the war power. This is a crucial examination of presidential power and the U.S. separation of powers system, with a focused effort on making a course correction toward the kind of power sharing envisioned in the Constitution.

Reclaiming Accountability

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Publisher : University of Chicago Press
ISBN 13 : 022619177X
Total Pages : 292 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Reclaiming Accountability by : Heidi Kitrosser

Download or read book Reclaiming Accountability written by Heidi Kitrosser and published by University of Chicago Press. This book was released on 2015-01-06 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.

Executive Privilege

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Publisher : JHU Press
ISBN 13 : 9780801849008
Total Pages : 222 pages
Book Rating : 4.8/5 (49 download)

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Book Synopsis Executive Privilege by : Mark J. Rozell

Download or read book Executive Privilege written by Mark J. Rozell and published by JHU Press. This book was released on 1994 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. He argues for a return to a pre-Watergate understanding of the role of executive privilege.

The President and Immigration Law

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Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.1/5 (96 download)

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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.

After Trump

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Publisher : Lawfare Press
ISBN 13 : 9781735480619
Total Pages : 436 pages
Book Rating : 4.4/5 (86 download)

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Book Synopsis After Trump by : Bob Bauer

Download or read book After Trump written by Bob Bauer and published by Lawfare Press. This book was released on 2020-09-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.

Democracy and Executive Power

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Publisher : Yale University Press
ISBN 13 : 0300262477
Total Pages : 421 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Democracy and Executive Power by : Susan Rose-Ackerman

Download or read book Democracy and Executive Power written by Susan Rose-Ackerman and published by Yale University Press. This book was released on 2021-10-26 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.

Presidential Campaigns and Presidential Accountability

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Publisher : University of Illinois Press
ISBN 13 : 9780252035920
Total Pages : 216 pages
Book Rating : 4.0/5 (359 download)

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Book Synopsis Presidential Campaigns and Presidential Accountability by : Michele P. Claibourn

Download or read book Presidential Campaigns and Presidential Accountability written by Michele P. Claibourn and published by University of Illinois Press. This book was released on 2011-02-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In investigating the presidential campaigns and early administrations of Barack Obama, George W. Bush, and Bill Clinton, Presidential Campaigns and Presidential Accountability shows how campaign promises are realized in government once the victor is established in the Oval Office. To measure correlations between presidential campaigns and policy-making, Michele P. Claibourn closely examines detailed campaign advertising information, survey data about citizen's responses to campaigns, processes that create expectations among constituents, and media attention and response to candidates. Disputing the notion that presidents ignore campaign issues upon being elected, Presidential Campaigns and Presidential Accountability contends that candidates raise issues that matter and develop ideas to address these issues based on voter reactions. Conventional disappointment in presidential campaigns stems from a misunderstanding of the role that presidents play in a system of separate institutions sharing power, and Claibourn forces us to think about presidential campaigns in the context of the presidency--what the president realistically can and cannot do. Based on comparisons of the Clinton, Bush, and Obama campaigns and the first years of the subsequent presidential administrations, Claibourn builds a generalized theory of agenda accountability, showing how presidential action is constrained by campaign agendas.

Presidential Power and Accountability

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Author :
Publisher : Routledge
ISBN 13 : 0415536545
Total Pages : 186 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Presidential Power and Accountability by : Bruce Buchanan

Download or read book Presidential Power and Accountability written by Bruce Buchanan and published by Routledge. This book was released on 2013 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation Many analysts now believe that the growth of presidential war power relative to Congress is irreversible. This book contests that view. Buchanan focuses on diagnosing the origins of the problem and devising practical ways to work toward restoration of the constitutional balance of power between Congress and the president.

The Limits of Presidential Power

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Publisher : Manheim & Watts, LLC
ISBN 13 : 9780999698808
Total Pages : 178 pages
Book Rating : 4.6/5 (988 download)

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Book Synopsis The Limits of Presidential Power by : Lisa Manheim

Download or read book The Limits of Presidential Power written by Lisa Manheim and published by Manheim & Watts, LLC. This book was released on 2018-01-10 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.

Clarity of Responsibility, Accountability, and Corruption

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Publisher : Cambridge University Press
ISBN 13 : 1316552888
Total Pages : 219 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Clarity of Responsibility, Accountability, and Corruption by : Leslie A. Schwindt-Bayer

Download or read book Clarity of Responsibility, Accountability, and Corruption written by Leslie A. Schwindt-Bayer and published by Cambridge University Press. This book was released on 2016-07-14 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corruption is a significant problem for democracies throughout the world. Even the most democratic countries constantly face the threat of corruption and the consequences of it at the polls. Why are some governments more corrupt than others, even after considering cultural, social, and political characteristics? In Clarity of Responsibility, Accountability, and Corruption, the authors argue that clarity of responsibility is critical for reducing corruption in democracies. The authors provide a number of empirical tests of this argument, including a cross-national time-series statistical analysis to show that the higher the level of clarity the lower the perceived corruption levels. Using survey and experimental data, the authors show that clarity causes voters to punish incumbents for corruption. Preliminary tests further indicate that elites respond to these electoral incentives and are more likely to combat corruption when clarity is high.

Accountability without Democracy

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Publisher : Cambridge University Press
ISBN 13 : 1139466488
Total Pages : 55 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Accountability without Democracy by : Lily L. Tsai

Download or read book Accountability without Democracy written by Lily L. Tsai and published by Cambridge University Press. This book was released on 2007-08-27 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the fundamental issue of how citizens get government officials to provide them with the roads, schools, and other public services they need by studying communities in rural China. In authoritarian and transitional systems, formal institutions for holding government officials accountable are often weak. The state often lacks sufficient resources to monitor its officials closely, and citizens are limited in their power to elect officials they believe will perform well and to remove them when they do not. The answer, Lily L. Tsai found, lies in a community's social institutions. Even when formal democratic and bureaucratic institutions of accountability are weak, government officials can still be subject to informal rules and norms created by community solidary groups that have earned high moral standing in the community.

Madison's Nightmare

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Publisher : University of Chicago Press
ISBN 13 : 0226749428
Total Pages : 258 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Madison's Nightmare by : Peter M. Shane

Download or read book Madison's Nightmare written by Peter M. Shane and published by University of Chicago Press. This book was released on 2009-08-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.

Comparative Constitutional Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857931210
Total Pages : 681 pages
Book Rating : 4.8/5 (579 download)

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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.

The Unitary Executive

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Publisher :
ISBN 13 : 9780300121261
Total Pages : 0 pages
Book Rating : 4.1/5 (212 download)

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Book Synopsis The Unitary Executive by : Steven G. Calabresi

Download or read book The Unitary Executive written by Steven G. Calabresi and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed historical and legal examination of presidential power and the theory of the unitary executive.

Contested Ground

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Publisher : Univ of California Press
ISBN 13 : 0520343948
Total Pages : 277 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Contested Ground by : Dan A. Farber

Download or read book Contested Ground written by Dan A. Farber and published by Univ of California Press. This book was released on 2021-10-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet the same rules must apply to all presidents, those whose abuses of power we fear as well as those whose exercises of power we applaud. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"--

Defender in Chief

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Publisher : Macmillan + ORM
ISBN 13 : 125026961X
Total Pages : 222 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Defender in Chief by : John Yoo

Download or read book Defender in Chief written by John Yoo and published by Macmillan + ORM. This book was released on 2020-07-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defender in Chief, celebrated constitutional scholar John Yoo makes a provocative case against Donald Trump's alleged disruption of constitutional rules and norms. Donald Trump isn't shredding the Constitution—he's its greatest defender. Ask any liberal—and many moderate conservatives—and they'll tell you that Donald Trump is a threat to the rule of law and the U.S. Constitution. Mainstream media outlets have reported fresh examples of alleged executive overreach or authoritarian White House decisions nearly every day of his presidency. In the 2020 primaries, the candidates have rushed to accuse Trump of destroying our democracy and jeopardizing our nation's very existence. Yoo argues that this charge has things exactly backwards. Far from considering Trump an inherent threat to our nation's founding principles, Yoo convincingly argues that Washington, Jefferson, Madison and Hamilton would have seen Trump as returning to their vision of presidential power, even at his most controversial. It is instead liberal opponents who would overthrow existing constitutional understanding in order to unseat Trump, but in getting their man would inflict permanent damage on the office of the presidency, the most important office in our constitutional system and the world. This provocative and engaging work is a compelling defense of an embattled president's ideas and actions.