Executive Overreach In Foreign Affairs Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Executive Overreach In Foreign Affairs book. This book definitely worth reading, it is an incredibly well-written.
Executive Overreach in Foreign Affairs by United States. Congress,Committee on the Judiciary Pdf
Executive overreach in foreign affairs : hearing before the Executive Overreach Task Force of the Committee on the Judiciary, House of Representatives, One Hundred Fourteenth Congress, second session, May 12, 2016.
Francis Orlando Wilcox,Council on Foreign Relations
Author : Francis Orlando Wilcox,Council on Foreign Relations Publisher : New York : Published for the Council on Foreign Relations by Harper & Row Page : 200 pages File Size : 51,7 Mb Release : 1971 Category : Political Science ISBN : UOM:39015054062404
Author : Thomas M. Franck,Edward Weisband Publisher : New York : Oxford University Press Page : 376 pages File Size : 53,6 Mb Release : 1979 Category : Executive power ISBN : UCAL:B3457672
Four Threats by Suzanne Mettler,Robert C. Lieberman Pdf
An urgent, historically-grounded take on the four major factors that undermine American democracy, and what we can do to address them. While many Americans despair of the current state of U.S. politics, most assume that our system of government and democracy itself are invulnerable to decay. Yet when we examine the past, we find that the United States has undergone repeated crises of democracy, from the earliest days of the republic to the present. In Four Threats, Suzanne Mettler and Robert C. Lieberman explore five moments in history when democracy in the U.S. was under siege: the 1790s, the Civil War, the Gilded Age, the Depression, and Watergate. These episodes risked profound—even fatal—damage to the American democratic experiment. From this history, four distinct characteristics of disruption emerge. Political polarization, racism and nativism, economic inequality, and excessive executive power—alone or in combination—have threatened the survival of the republic, but it has survived—so far. What is unique, and alarming, about the present moment in American politics is that all four conditions exist. This convergence marks the contemporary era as a grave moment for democracy. But history provides a valuable repository from which we can draw lessons about how democracy was eventually strengthened—or weakened—in the past. By revisiting how earlier generations of Americans faced threats to the principles enshrined in the Constitution, we can see the promise and the peril that have led us to today and chart a path toward repairing our civic fabric and renewing democracy.
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.
The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs by Riaan Eksteen Pdf
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Treaties in Parliaments and Courts by Felix Lange Pdf
Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.
Author : John Yoo Publisher : University of Chicago Press Page : 378 pages File Size : 49,7 Mb Release : 2008-09-15 Category : Political Science ISBN : 9780226960333
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
On the campaign trail, Barack Obama spoke often about his constitutional principles. In particular, he objected to George W. Bush's claim to certain "inherent" presidential powers that could not be checked by Congress or the judiciary. After his inauguration, how did President Obama's constitutional principles fare? That is the question Louis Fisher explores in this book, a disturbing and timely study of the tension between constitutional aspirations and executive actions in the American presidency. A constitutional scholar, Fisher views Obama's two terms within the context of other presidencies, and in light of the principles set forth by the Framers. His work reveals how the basic system of checks and balances has been substantially altered by Supreme Court decisions, military initiatives, and scholarship promoting the power of the president--and by presidents progressively more inclined to wield that power. In this analysis we see the steps by which Obama, himself an expert on the Constitution, came to press his agenda more and more aggressively through executive actions: on climate change, renewable energy, the auto industry bail-out, education initiatives, and financial reform. Rather than focus on policy, Fisher examines the politics and practical concerns that drive executive overreach, as well as the impact of such expanded powers on bipartisan support, public understanding, and finally, the functioning of government. A fair but critical assessment of Obama's executive performance and legacy, this sobering book documents the erosion of constitutional principles that prepared the way for the presidency of Donald Trump.
Author : Daniel A. Sjursen Publisher : University Press of New England Page : 296 pages File Size : 43,5 Mb Release : 2015-09-22 Category : History ISBN : 9781611688276
From October 2006 to December 2007, Daniel A. Sjursen-then a U.S. Army lieutenant-led a light scout platoon across Baghdad. The experiences of Ghost Rider platoon provide a soldier's-eye view of the incredible complexities of warfare, peacekeeping, and counterinsurgency in one of the world's most ancient cities. Sjursen reflects broadly and critically on the prevailing narrative of the surge as savior of America's longest war, on the overall military strategy in Iraq, and on U.S. relations with ordinary Iraqis. At a time when just a handful of U.S. senators and representatives have a family member in combat, Sjursen also writes movingly on questions of America's patterns of national service. Who now serves and why? What connection does America's professional army have to the broader society and culture? What is the price we pay for abandoning the model of the citizen soldier? With the bloody emergence of ISIS in 2014, Iraq and its beleaguered, battle-scarred people are again much in the news. Unlike other books on the U.S. war in Iraq, Ghost Riders of Baghdad is part battlefield chronicle, part critique of American military strategy and policy, and part appreciation of Iraq and its people. At once a military memoir, history, and cultural commentary, Ghost Riders of Bahdad delivers a compelling story and a deep appreciation of both those who serve and the civilians they strive to protect. Sjursen provides a riveting addition to our understanding of modern warfare and its human costs.
The transformation of the American South--from authoritarian to democratic rule--is the most important political development since World War II. It has re-sorted voters into parties, remapped presidential elections, and helped polarize Congress. Most important, it is the final step in America's democratization. Paths Out of Dixie illuminates this sea change by analyzing the democratization experiences of Georgia, Mississippi, and South Carolina. Robert Mickey argues that Southern states, from the 1890s until the early 1970s, constituted pockets of authoritarian rule trapped within and sustained by a federal democracy. These enclaves--devoted to cheap agricultural labor and white supremacy--were established by conservative Democrats to protect their careers and clients. From the abolition of the whites-only Democratic primary in 1944 until the national party reforms of the early 1970s, enclaves were battered and destroyed by a series of democratization pressures from inside and outside their borders. Drawing on archival research, Mickey traces how Deep South rulers--dissimilar in their internal conflict and political institutions--varied in their responses to these challenges. Ultimately, enclaves differed in their degree of violence, incorporation of African Americans, and reconciliation of Democrats with the national party. These diverse paths generated political and economic legacies that continue to reverberate today. Focusing on enclave rulers, their governance challenges, and the monumental achievements of their adversaries, Paths Out of Dixie shows how the struggles of the recent past have reshaped the South and, in so doing, America's political development.
The Constitution of the United States divides war powers between the executive and legislative branches to guard against ill-advised or unnecessary military action. This division of powers compels both branches to hold each other accountable and work in tandem. And yet, since the Cold War, congressional ambition has waned on this front. Even when Congress does provide initial authorization for larger operations, they do not provide strict parameters or clear end dates. As a result, one president after another has initiated and carried out poorly developed and poorly executed military policy. The Politics of War Powers offers a measured, deeply informed look at how the American constitutional system broke down, how it impacts decision-making today, and how we might find our way out of this unhealthy power division. Sarah Burns starts with a nuanced account of the theoretical and historical development of war powers in the United States. Where discussions of presidential power often lean on the concept of the Lockean Prerogative, Burns locates a more constructive source in Montesquieu. Unlike Locke, Montesquieu combines universal normative prescriptions with an emphasis on tailoring the structure to the unique needs of a society. In doing so, the separation of powers can be customized while maintaining the moderation needed to create a healthy institutional balance. He demonstrates the importance of forcing the branches into dialogue, putting them, as he says, “in a position to resist” each other. Burns’s conclusion—after tracing changes through Franklin Delano Roosevelt’s administration, the Cold War, and the War on Terror—is that presidents now command a dangerous degree of unilateral power. Burns’s work ranges across Montesquieu’s theory, the debate over the creation of the Constitution, historical precedent, and the current crisis. Through her analysis, both a fuller picture of the alterations to the constitutional system and ideas on how to address the resulting imbalance of power emerge.
The Unitary Executive Theory by Jeffrey Crouch,Mark J. Rozell,Mitchel A. Sollenberger Pdf
“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president’s executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution. In their account of the rise of unitary executive theory over the last several decades, the authors refute the notion that this overweening view of executive power has been a common feature of the presidency from the beginning of the Republic. Rather, they show, it was invented under the Reagan Administration, got a boost during the George W. Bush administration, and has found its logical extension in the Trump administration. This critique of the unitary executive theory reveals it as a misguided model for understanding presidential powers. While its adherents argue that greater presidential power makes government more efficient, the results have shown otherwise. Dismantling the myth that presidents enjoy unchecked plenary powers, the authors advocate for principles of separation of powers—of checks and balances—that honor the Constitution and support the republican government its framers envisioned. A much-needed primer on presidential power, from the nation’s founding through Donald Trump’s impeachment, The Unitary Executive Theory: A Danger to Constitutional Government makes a robust and persuasive case for a return to our constitutional limits.
Author : Joseph S. Nye Jr. Publisher : Princeton University Press Page : 200 pages File Size : 50,6 Mb Release : 2013-05-21 Category : Political Science ISBN : 9781400846405
Presidential Leadership and the Creation of the American Era by Joseph S. Nye Jr. Pdf
This book examines the foreign policy decisions of the presidents who presided over the most critical phases of America's rise to world primacy in the twentieth century, and assesses the effectiveness and ethics of their choices. Joseph Nye, who was ranked as one of Foreign Policy magazine’s 100 Top Global Thinkers, reveals how some presidents tried with varying success to forge a new international order while others sought to manage America’s existing position. The book shows how transformational presidents like Wilson and Reagan changed how America sees the world, but argues that transactional presidents like Eisenhower and the elder Bush were sometimes more effective and ethical. It also draws important lessons for today’s uncertain world, in which presidential decision making is more critical than ever.