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The Supreme Court The Constitution And Presidential Power
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Book Synopsis The Supreme Court, the Constitution, and Presidential Power by : Michael A. Genovese
Download or read book The Supreme Court, the Constitution, and Presidential Power written by Michael A. Genovese and published by . This book was released on 1980 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find out more information about Rowman & Littlefield titles please visit us at www.rowmanlittlefield.com.
Book Synopsis Supreme Court Expansion of Presidential Power by : Louis Fisher
Download or read book Supreme Court Expansion of Presidential Power written by Louis Fisher and published by University Press of Kansas. This book was released on 2017-07-14 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the fourth of the Federalist Papers, published in 1787, John Jay warned of absolute monarchs who "will often make war when their nations are to get nothing by it." More than two centuries later, are single executives making unilateral decisions any more trustworthy? And have the checks on executive power, so critical in the Founders' drafting of the Constitution, held? These are the questions Louis Fisher pursues in this book. By examining the executive actions of American presidents, particularly after World War II, Fisher reveals how the Supreme Court, through errors and abdications, has expanded presidential power in external affairs beyond constitutional boundaries—and damaged the nation's system of checks and balances. Supreme Court Expansion of Presidential Power reviews the judicial record from 1789 to the present day to show how the balance of power has shifted over time. For nearly a century and a half, the Supreme Court did not indicate a preference for which of the two elected branches should dominate in the field of external affairs. But from the mid-thirties a pattern clearly emerges, with the Court regularly supporting independent presidential power in times of "emergency," or issues linked to national security. The damage this has done to democracy and constitutional government is profound, Fisher argues. His evidence extends beyond external affairs to issues of domestic policy, such as impoundment of funds, legislative vetoes, item-veto authority, presidential immunity in the Paula Jones case, recess appointments, and the Obama administration's immigration initiatives. Fisher identifies contemporary biases that have led to an increase in presidential power—including Supreme Court misconceptions and errors, academic failings, and mistaken beliefs about "inherent powers" and "unity of office." Calling to account the forces tasked with protecting our democracy from the undue exercise of power by any single executive, his deeply informed book sounds a compelling alarm.
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 Specter of Dictatorship by : David M. Driesen
Download or read book The Specter of Dictatorship written by David M. Driesen and published by Stanford University Press. This book was released on 2021-07-20 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Book Synopsis The Presidency and the Constitution by : M. Genovese
Download or read book The Presidency and the Constitution written by M. Genovese and published by Springer. This book was released on 2005-08-19 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.
Book Synopsis Constitutionalism and the Rule of Law by : Maurice Adams
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Book Synopsis The President, Congress, and the Constitution by : Christopher H. Pyle
Download or read book The President, Congress, and the Constitution written by Christopher H. Pyle and published by Simon and Schuster. This book was released on 1984 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines constitutional principles and their effects.
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 Power and the Constitution by : Edward Samuel Corwin
Download or read book Presidential Power and the Constitution written by Edward Samuel Corwin and published by Ithaca : Cornell University Press. This book was released on 1976 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguised constitutional expert reviews key issues and factors pertaining to the evolution of the dominant Presidency and to the consequences for the United States' constitutional government.
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.
Book Synopsis Truman and the Steel Seizure Case by : Maeva Marcus
Download or read book Truman and the Steel Seizure Case written by Maeva Marcus and published by Duke University Press. This book was released on 1994 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Although there have been some other articles and books on the "Youngstown" case, this book remains definitive. The author handles a variety of materials exceedingly well, and shows great sensitivity not only to the legal issues involved, but to the political ones as well. It is a model case study."--Melvin I. Urofsky, Virginia Commonwealth University
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"--
Book Synopsis Emergency Presidential Power by : Chris Edelson
Download or read book Emergency Presidential Power written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2013-12-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
Book Synopsis The Power of the Presidency by : Robert S. Hirschfield
Download or read book The Power of the Presidency written by Robert S. Hirschfield and published by Routledge. This book was released on 2017-07-05 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American presidency is the most powerful political office in the world. But this impressive statement serves only to raise a whole series of fundamental questions: What is the scope of presidential powers and what are its limits? Can the president use all the authority of his office or is that authority more formal than effective? Does the presidency have sufficient power to meet today's needs or do the problems of the modern age demand a more powerful executive? Is there a danger of dictatorship in the growth of political authority or will the presidency remain an office of constitutional democratic leadership?This book explores such questions by presenting a wide range of views on presidential power from a variety of sources: original supporters and opponents of the office; presidents themselves; Supreme Court decisions; and professional students of the presidency.
Book Synopsis Judging Executive Power by : Richard J. Ellis
Download or read book Judging Executive Power written by Richard J. Ellis and published by Rowman & Littlefield. This book was released on 2009-03-16 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: George W. Bush's presidency has helped accelerate a renewed interest in the legal or formal bases of presidential power. It is now abundantly clear that presidential power is more than the sum of bargaining, character, and rhetoric. Presidential power also inheres in the Constitution or at least assertions of constitutional powers. Judging Executive Power helps to bring the Constitution and the courts back into the study of the American presidency by introducing students to sixteen important Supreme Court cases that have shaped the power of the American presidency. The cases selected include the removal power, executive privilege, executive immunity, and the line-item veto, with particularly emphasis on a president's wartime powers from the Civil War to the War on Terror. Through introductions and postscripts that accompany each case, landmark judicial opinions are placed in their political and historical contexts, enabling students to understand the political forces that frame and the political consequences that follow from legal arguments and judgments.
Book Synopsis Political Foundations of Judicial Supremacy by : Keith E. Whittington
Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Download or read book Executing the Constitution written by and published by SUNY Press. This book was released on with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
