The Imperial Presidency And The Constitution

Author : Gary Schmitt,Joseph M. Bessette,Andrew E. Busch
Publisher : Rowman & Littlefield
Page : 186 pages
File Size : 52,5 Mb
Release : 2017-02-06
Category : Political Science
ISBN : 9781538101032

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The Imperial Presidency and the Constitution by Gary Schmitt,Joseph M. Bessette,Andrew E. Busch Pdf

Time and again, in recent years, the charge has been made that sitting presidents have behaved “imperially,” employing authorities that break the bounds of law and the Constitution. It is now an epithet used to describe presidencies of both parties. The Imperial Presidency and the Constitution examines this critical issue from a variety of perspectives: analyzing the president’s role in the administrative state, as commander-in-chief, as occupant of the modern “Bully Pulpit,” and, in separate essays, addressing recent presidents’ relationship with Congress and the Supreme Court. The volume also deepens the discussion by taking a look back at Abraham Lincoln’s expansive use of executive power during the Civil War where the tension between law and necessity were at their most extreme, calling into question the “rule of law” itself. The volume concludes with an examination of how the Constitution’s provision of both “powers and duties” for the president can provide a roadmap for assessing the propriety of executive behavior.

Author : Arthur Meier Schlesinger
Publisher : Houghton Mifflin Harcourt
Page : 630 pages
File Size : 41,7 Mb
Release : 2004
Category : Executive power
ISBN : 0618420010

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The Imperial Presidency by Arthur Meier Schlesinger Pdf

Publisher Description

Author : Andrew Rudalevige
Publisher : University of Michigan Press
Page : 382 pages
File Size : 42,7 Mb
Release : 2005-09
Category : History
ISBN : 0472114301

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The New Imperial Presidency by Andrew Rudalevige Pdf

Has the imperial presidency returned? The New Imperial Presidency suggests that the Congressional framework meant to guide and constrain presidential behavior has slowly eroded over the decades since Watergate. Author Andrew Rudalevige describes the evolution of executive power in our separated system of governance. Rudalevige discusses the abuse of power that prompted what he calls the resurgence regime against the imperial presidency, and inquires as to how and why, over the three decades that followed Watergate, presidents regained their standing. The New Imperial Presidency shows that presidents have always tried to interpret Constitutional powers broadly. Ambitious executives can choose from an array of actions that push against congressional power and, finding insufficient resistance, expand the scope of presidential power.

Author : Brien Hallett
Publisher : BRILL
Page : 216 pages
File Size : 48,9 Mb
Release : 2020-09-25
Category : Political Science
ISBN : 9789004439269

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Nurturing the Imperial Presidency by Brien Hallett Pdf

In Nurturing the Imperial Presidency, Brien Hallett asks, "Why have national war leaders always decided and declared war?" Because they have always controlled the drafting of the declaration of war. Ways to remove this control are explored; alternatives are proposed.

Author : United States. Congress. House. Committee on the Judiciary. Majority Staff
Publisher : DIANE Publishing
Page : 487 pages
File Size : 42,8 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.

Author : Peter Irons
Publisher : Macmillan
Page : 328 pages
File Size : 44,5 Mb
Release : 2006-05-02
Category : Law
ISBN : 0805080171

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War Powers by Peter Irons Pdf

This book examines a fundamental question in the development of the American empire: What constraints does the Constitution place on our territorial expansion, military intervention, occupation of foreign countries, and on the power the president may exercise over American foreign policy? Worried about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress declared war was on December 8, 1941, after the Japanese attack on Pearl Harbor. Since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives, while Congress and the Supreme Court have virtually abdicated their responsibilities to check presidential power. Legal historian Irons recounts this story of subversion from above, tracing presidents' increasing willingness to ignore congressional authority and even suspend civil liberties.--From publisher description.

Author : Steven Morris
Publisher : Lulu.com
Page : 244 pages
File Size : 51,7 Mb
Release : 2009-08-22
Category : Executive power
ISBN : 9780557093960

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The Constitution in Peril: the Perpetual Growth of the Imperial Presidency During Wartime and the Subversion of Constitutional Checks and Balances by Steven Morris Pdf

This thesis examines the exponential increase in the power of the presidency during wartime from the time of the Founding Fathers up until the beginning of the Obama administration. It focuses on the ways in which our Nation's wartime presidents have marginalized the role of Congress and the judiciary during foreign conflicts. The first half of this work analyzes the actions of wartime presidents from a historical context, which is supplemented in the second half by an in-depth comparative discussion of the actions taken by the Bush administration during the War on Terror. This work concludes by recommending detailed courses of action to be pursued by future presidents in order to restore the fundamental maxim of checks and balances.

Author : Arthur Meier Schlesinger
Publisher : Boston : Houghton Mifflin
Page : 505 pages
File Size : 45,8 Mb
Release : 1973
Category : Biography & Autobiography
ISBN : 0395177138

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The Imperial Presidency by Arthur Meier Schlesinger Pdf

From two-time Pulitzer Prize-winning historian Arthur M. Schlesinger, Jr., comes one of the most important and influential investigations of the American presidency. The Imperial Presidency traces the growth of presidential power over two centuries, from George Washington to George W. Bush, examining how it has both served and harmed the Constitution and what Americans can do about it in years to come. The book that gave the phrase "imperial presidency" to the language, this is a work of "substantial scholarship written with lucidity, charm, and wit" (The New Yorker).

Author : Anonim
Publisher : SUNY Press
Page : 268 pages
File Size : 50,9 Mb
Release : 2024-06-03
Category : Electronic
ISBN : 9780791481905

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Executing the Constitution by Anonim Pdf

Author : Stephen Skowronek,John A. Dearborn,Desmond King
Publisher : Oxford University Press
Page : 288 pages
File Size : 52,5 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.

Author : David Swanson
Publisher : Seven Stories Press
Page : 382 pages
File Size : 51,8 Mb
Release : 2011-01-04
Category : Political Science
ISBN : 9781609800659

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Daybreak by David Swanson Pdf

Daybreak is a thorough investigation of how Bush/Cheney altered the way American government works and deteriorated the Constitution and Bill of Rights. It includes clear plans for how we may reclaim democracy, declare our rights, and truly set out for a new America. Shocking and inspirational, Daybreak provides a clear breakdown of all that we have lost, and all that we have to gain.

Author : Saikrishna Bangalore Prakash
Publisher : Yale University Press
Page : 465 pages
File Size : 45,7 Mb
Release : 2015-01-01
Category : Law
ISBN : 9780300194562

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Imperial from the Beginning by Saikrishna Bangalore Prakash Pdf

Eminent scholar Saikrishna Prakash offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well known and obscure, this volume reconstructs the powers and duties of the nation's chief executive at the Constitution's founding. Among other subjects, Prakash examines the term and structure of the office of the president, as well as the president's power as constitutional executor of the law, authority in foreign policy, role as commander in chief, level of control during emergencies, and relationship with the Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office was seen as monarchical from its inception.

Author : Ken Gormley
Publisher : NYU Press
Page : 711 pages
File Size : 43,9 Mb
Release : 2016-05-10
Category : History
ISBN : 9781479839902

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The Presidents and the Constitution by Ken Gormley Pdf

Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.

Author : Michael W. McConnell
Publisher : Princeton University Press
Page : 440 pages
File Size : 43,7 Mb
Release : 2020-11-10
Category : Political Science
ISBN : 9780691211992

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The President Who Would Not Be King by Michael W. McConnell Pdf

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

Author : Saikrishna Bangalore Prakash
Publisher : Harvard University Press
Page : 353 pages
File Size : 41,9 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.