Rulemaking Process And The Unitary Executive Theory

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Rulemaking Process and the Unitary Executive Theory

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
Publisher : Unknown
Page : 176 pages
File Size : 52,7 Mb
Release : 2009
Category : Political Science
ISBN : PSU:000066761310

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Rulemaking Process and the Unitary Executive Theory by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law Pdf

The Specter of Dictatorship

Author : David M. Driesen
Publisher : Stanford University Press
Page : 323 pages
File Size : 44,7 Mb
Release : 2021-07-20
Category : Law
ISBN : 9781503628625

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The Specter of Dictatorship by David M. Driesen Pdf

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.

The Unitary Executive Theory

Author : Jeffrey Crouch,Mark J. Rozell,Mitchel A. Sollenberger
Publisher : University Press of Kansas
Page : 222 pages
File Size : 52,9 Mb
Release : 2020-11-30
Category : Political Science
ISBN : 9780700630042

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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.

Reining in the Imperial Presidency

Author : United States. Congress. House. Committee on the Judiciary. Majority Staff
Publisher : DIANE Publishing
Page : 487 pages
File Size : 54,8 Mb
Release : 2009
Category : Political Science
ISBN : 9781437915709

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Reining in the Imperial Presidency by United States. Congress. House. Committee on the Judiciary. Majority Staff Pdf

Documents the various abuses that occurred during the Bush Admin. relating to the House Judiciary Committee¿s review and jurisdiction, and to develop a comprehensive set of recommendations to prevent the recurrence of these or similar abuses in the future. Contents: Preface: ¿Deconstructing the Imperial Presidency,¿ which describes and critiques the key war power memos that gave rise to the concept of broad-based, unreviewable, and secret presidential powers in time of war. Also describes specific abuses of the Imperial Presidency relating to Judiciary Comm. inquiries. Includes a comprehensive set of 47 policy recommendations designed to respond to the abuses and excesses of the Bush Imperial Presidency.

The Unitary Presidency

Author : Graham G. Dodds
Publisher : Routledge
Page : 193 pages
File Size : 41,6 Mb
Release : 2019-08-05
Category : Political Science
ISBN : 9781351052764

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The Unitary Presidency by Graham G. Dodds Pdf

The theory of the unitary executive is one of the most controversial and significant constitutional doctrines of the past several decades. It holds that the U.S. president alone embodies all executive power and therefore has unlimited ability to direct the many people and institutions within the federal government’s vast executive branch. It thus justifies the president’s prerogative to organize the executive branch and to direct its activities, to tell executive personnel what to do and to fire them if desired, to control the flow of information, and to issue signing statements that make judgments about constitutionality and determine the extent to which laws will be implemented. In some versions, it also endorses implied or inherent powers and permits the president to completely control foreign policy and military action. Proponents say this conception of the presidential office is faithful to the Constitution, facilitates the sort of energetic executive that Alexander Hamilton argued for, and enhances administrative efficacy and political accountability for governance. Critics say this arrangement is constitutionally inaccurate, is belied by historical practice and legal precedents, and is dangerously close to the monarchical power that provoked the American Revolution – and can be especially threatening in the era of Donald Trump. This book examines how controversies about unitary executive power have played out from the founding era to the present day with a focus on recent presidents, it explores arguments both for and against the unitary executive theory, and it looks ahead to future implications for American politics.

The Unitary Executive

Author : Steven G. Calabresi,Christopher S. Yoo
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2008
Category : Executive power
ISBN : 0300121261

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The Unitary Executive by Steven G. Calabresi,Christopher S. Yoo Pdf

This book provides a detailed historical and legal examination of presidential power and the theory of the unitary executive.

Congressional Record, Daily Digest of the ... Congress

Author : United States. Congress
Publisher : Unknown
Page : 712 pages
File Size : 53,8 Mb
Release : 2008
Category : United States
ISBN : UCLA:L0104348081

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Congressional Record, Daily Digest of the ... Congress by United States. Congress Pdf

Congressional Record

Author : United States. Congress
Publisher : Unknown
Page : 712 pages
File Size : 40,6 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105216580766

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Congressional Record by United States. Congress Pdf

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Report on the Activities of the Committee on the Judiciary of the House of Representatives During the One Hundred Tenth Congress

Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 248 pages
File Size : 45,9 Mb
Release : 2009
Category : Electronic
ISBN : UCR:31210022721573

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Report on the Activities of the Committee on the Judiciary of the House of Representatives During the One Hundred Tenth Congress by United States. Congress. House. Committee on the Judiciary Pdf

Unorthodox Lawmaking

Author : Barbara Sinclair
Publisher : CQ Press
Page : 332 pages
File Size : 40,8 Mb
Release : 2016-06-22
Category : Political Science
ISBN : 9781506322858

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Unorthodox Lawmaking by Barbara Sinclair Pdf

Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.

Phantoms of a Beleaguered Republic

Author : Stephen Skowronek,John A. Dearborn,Desmond King
Publisher : Oxford University Press
Page : 288 pages
File Size : 45,6 Mb
Release : 2021-03-01
Category : Political Science
ISBN : 9780197543108

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Phantoms of a Beleaguered Republic by Stephen Skowronek,John A. Dearborn,Desmond King Pdf

A powerful dissection of one of the fundamental problems in American governance today: the clash between presidents determined to redirect the nation through ever-tighter control of administration and an executive branch still organized to promote shared interests in steady hands, due deliberation, and expertise. President Trump pitted himself repeatedly against the institutions and personnel of the executive branch. In the process, two once-obscure concepts came center stage in an eerie faceoff. On one side was the specter of a "Deep State" conspiracyadministrators threatening to thwart the will of the people and undercut the constitutional authority of the president they elected to lead them. On the other side was a raw personalization of presidential power, one that a theory of "the unitary executive" gussied up and allowed to run roughshod over reason and the rule of law. The Deep State and the unitary executive framed every major contest of the Trump presidency. Like phantom twins, they drew each other out. These conflicts are not new. Stephen Skowronek, John A. Dearborn, and Desmond King trace the tensions between presidential power and the depth of the American state back through the decades and forward through the various settlements arrived at in previous eras. Phantoms of a Beleaguered Republic is about the breakdown of settlements and the abiding vulnerabilities of a Constitution that gave scant attention to administrative power. Rather than simply dump on Trump, the authors provide a richly historical perspective on the conflicts that rocked his presidency, and they explain why, if left untamed, the phantom twins will continue to pull the American government apart.

The Administrative Presidency

Author : Richard P. Nathan
Publisher : John Wiley & Sons
Page : 228 pages
File Size : 52,7 Mb
Release : 1983
Category : Political Science
ISBN : UOM:39015001611667

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The Administrative Presidency by Richard P. Nathan Pdf

Administrative Law for Public Managers

Author : David H. Rosenbloom
Publisher : Taylor & Francis
Page : 231 pages
File Size : 44,5 Mb
Release : 2022-08-23
Category : Political Science
ISBN : 9781000634853

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Administrative Law for Public Managers by David H. Rosenbloom Pdf

This book focuses on the essentials that public administration students and public managers should know about administrative law—why we have administrative law, the constitutional structure for and constraints on public administration, and administrative law’s formats for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review of administrative activity. Author David Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering, with an emphasis on how various administrative law provisions promote their underlying goals of improving the fit between public administration and US democratic-constitutionalism. Organized around federal administrative law while including material on state practices where appropriate, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and in sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter. This thoroughly revised third edition includes: Separate chapters on the constitutional frameworks for administrative authority and individual constitutional rights in the contemporary administrative state Inclusion of newer court decisions and examples throughout the text Treatment of Donald J. Trump’s presidency and President Joseph R. Biden Jr.’s first year in office Greater attention to guidance documents, administrative "dark matter," and the Congressional Review Act Thorough updating and refreshing of the text, suggested additional readings, and chapter discussion questions. Written in a reader-friendly style, Administrative Law for Public Managers, 3rd Edition is an ideal introduction to the subject for students in public administration, public policy, American government, law and practicing public managers alike.

National Solutions to Trans-Border Problems?

Author : Professor Isidro Morales
Publisher : Ashgate Publishing, Ltd.
Page : 288 pages
File Size : 50,5 Mb
Release : 2013-03-28
Category : Business & Economics
ISBN : 9781409489221

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National Solutions to Trans-Border Problems? by Professor Isidro Morales Pdf

'Triggered by the North American Free Trade Agreement (NAFTA), Canada, the United States and Mexico redefined their public policies to facilitate the regionalization of transactions. However, this volume addresses the institutional gaps that still remain focusing mainly on the cross-border governance of security aspects. It gathers interdisciplinary contributions of specialists working on continental issues within Canada, the United States and Mexico and highlights the transnational dimension of certain issues still managed under national-framed policies. Furthermore, it explores the possibilities and constraints for moving public policy into new cross-border governance strategies. Divided in three parts, the first part assesses what is at stake in cross-border governance issues and whether the integrative trend in the region will be maintained or stalled in the years to come. The second part explores the growing scope of security problems interconnected with borders, migration, energy and drug trafficking across the region. It highlights how Mexico and Canada are responding or adapting their policy choices to a continental security approach framed by the US after the terrorist attacks of September 11, and to the major concerns of the Obama administration. The third part focuses on the governance of territorial borders and bilateral affairs, i.e. Mexico-US and Canada-Mexico relations.