Supreme Court Expansion Of Presidential Power

Author : Louis Fisher
Publisher : University Press of Kansas
Page : 350 pages
File Size : 53,7 Mb
Release : 2017-07-14
Category : Political Science
ISBN : 9780700624676

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Supreme Court Expansion of Presidential Power by Louis Fisher Pdf

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.

Author : Louis Fisher
Publisher : Oxford University Press
Page : 482 pages
File Size : 45,7 Mb
Release : 2014
Category : Law
ISBN : 9780199856213

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The Law of the Executive Branch by Louis Fisher Pdf

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.

Author : David M. Driesen
Publisher : Stanford University Press
Page : 323 pages
File Size : 41,9 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.

Author : Michael A. Genovese
Publisher : Unknown
Page : 582 pages
File Size : 44,5 Mb
Release : 1980
Category : Law
ISBN : UOM:49015001263988

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The Supreme Court, the Constitution, and Presidential Power by Michael A. Genovese Pdf

To find out more information about Rowman & Littlefield titles please visit us at www.rowmanlittlefield.com.

Author : Richard J. Ellis
Publisher : Rowman & Littlefield
Page : 245 pages
File Size : 55,6 Mb
Release : 2009-03-16
Category : Political Science
ISBN : 9780742565142

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Judging Executive Power by Richard J. Ellis Pdf

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.

Author : Louis Fisher
Publisher : University Press of Kansas
Page : 282 pages
File Size : 45,8 Mb
Release : 2019-08-16
Category : Political Science
ISBN : 9780700628100

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Reconsidering Judicial Finality by Louis Fisher Pdf

Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.

Author : Robert S. Hirschfield
Publisher : Routledge
Page : 502 pages
File Size : 54,6 Mb
Release : 2017-07-05
Category : Political Science
ISBN : 9781351476560

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The Power of the Presidency by Robert S. Hirschfield Pdf

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.

Author : Peter M. Shane,Harold H. Bruff
Publisher : Unknown
Page : 970 pages
File Size : 45,8 Mb
Release : 1988
Category : Executive power
ISBN : STANFORD:36105044009269

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The Law of Presidential Power by Peter M. Shane,Harold H. Bruff Pdf

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.

Author : Glendon A. Schubert
Publisher : Unknown
Page : 414 pages
File Size : 48,8 Mb
Release : 1957
Category : Executive power
ISBN : UOM:39015002698648

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The Presidency in the Courts by Glendon A. Schubert Pdf

Author : Louis Fisher
Publisher : Unknown
Page : 344 pages
File Size : 45,7 Mb
Release : 2004
Category : Law
ISBN : UOM:39015059116692

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Presidential War Power by Louis Fisher Pdf

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.

Author : Michael Nelson
Publisher : CQ Press
Page : 0 pages
File Size : 48,9 Mb
Release : 2007-07-02
Category : Presidents
ISBN : 0872893642

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Guide to the Presidency SET by Michael Nelson Pdf

Guide to the Presidency is the leading reference source on the persons who have occupied the White House and on the institution of the presidency itself. Readers turn to this guide for its vast array of factual information about the institution and the presidents, as well as for its analytical chapters that explain the structure and operations of the office and the president's relationship to co-equal branches of government, Congress and the Supreme Court. This new edition is updated to include: A new chapter on presidential power Coverage of the expansion of presidential power under President George W. Bush

Author : Adam B. Cox,Cristina M. Rodríguez
Publisher : Oxford University Press
Page : 361 pages
File Size : 48,8 Mb
Release : 2020-08-04
Category : Law
ISBN : 9780190694388

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The President and Immigration Law by Adam B. Cox,Cristina M. Rodríguez Pdf

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.

Author : Louis Fisher
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2005
Category : History
ISBN : 0700613765

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Military Tribunals and Presidential Power by Louis Fisher Pdf

"Shows that the breadth of presidential power in time of war comes at the cost of legislative and judicial control--and that military tribunals represent a concentration of power in the executive branch that the United States would be quick to condemn in other countries. Although the use of military tribunals can be necessary and even effective in times of war, Fisher contends that these courts present a grave danger to open government and the separation of powers. Citing the constitutional provision vesting Congress with the authority to create tribunals, Fisher addresses the threats posed by the dramatic expansion of presidential power in time of war--and the meek efforts of Congress and the judiciary to curb it. Fisher cuts to the bone of today's controversies and sounds an alarm for maintaining the checks and balances we value as a nation." --Descripción del editor.

Author : Richard E. Neustadt
Publisher : Signet Book
Page : 224 pages
File Size : 54,8 Mb
Release : 1960
Category : Presidents
ISBN : 0451024427

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Presidential Power by Richard E. Neustadt Pdf

Author : Saikrishna Bangalore Prakash
Publisher : Harvard University Press
Page : 353 pages
File Size : 52,8 Mb
Release : 2020-04-21
Category : Political Science
ISBN : 9780674245211

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The Living Presidency by Saikrishna Bangalore Prakash Pdf

A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.