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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 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.
By revisiting Thomas Jefferson's understanding of executive power this book offers a new understanding of the origins of presidential power. Before Jefferson was elected president, he arrived at a way to resolve the tension between constitutionalism and executive power. Because his solution would preserve a strict interpretation of the Constitution as well as transform the precedents left by his Federalist predecessors, it provided an alternative to Alexander Hamilton's understanding of executive power. In fact, a more thorough account of Jefferson's political career suggests that Jefferson envisioned an executive that was powerful, or 'energetic', because it would be more explicitly attached to the majority will. Jefferson's Revolution of 1800, often portrayed as a reversal of the strong presidency, was itself premised on energy in the executive and was part of Jefferson's project to enable the Constitution to survive and even flourish in a world governed by necessity.
Book Synopsis Thomas Jefferson and Executive Power by : Jeremy D. Bailey
Download or read book Thomas Jefferson and Executive Power written by Jeremy D. Bailey and published by Cambridge University Press. This book was released on 2007-07-09 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: By revisiting Thomas Jefferson's understanding of executive power this book offers a new understanding of the origins of presidential power. Before Jefferson was elected president, he arrived at a way to resolve the tension between constitutionalism and executive power. Because his solution would preserve a strict interpretation of the Constitution as well as transform the precedents left by his Federalist predecessors, it provided an alternative to Alexander Hamilton's understanding of executive power. In fact, a more thorough account of Jefferson's political career suggests that Jefferson envisioned an executive that was powerful, or 'energetic', because it would be more explicitly attached to the majority will. Jefferson's Revolution of 1800, often portrayed as a reversal of the strong presidency, was itself premised on energy in the executive and was part of Jefferson's project to enable the Constitution to survive and even flourish in a world governed by necessity.
An American President faces war and finds himself hamstrung by a Congress that will not act. To protect national security, he invokes his powers as Commander-in-Chief and orders actions that seem to violate laws enacted by Congress. He is excoriated for usurping dictatorial powers, placing himself above the law, and threatening to “breakdown constitutional safeguards.” One could be forgiven for thinking that the above describes former President George W. Bush. Yet these particular attacks on presidential power were leveled against Franklin D. Roosevelt. They could just as well describe similar attacks leveled against George Washington, Thomas Jefferson, Andrew Jackson, Abraham Lincoln and a number of other presidents challenged with leading the nation through times of national crisis. However bitter, complex, and urgent today’s controversies over executive power may be, John Yoo reminds us they are nothing new. In Crisis and Command, he explores a factor too little consulted in current debates: the past. Through shrewd and lucid analysis, he shows how the bold decisions made by Washington, Jefferson, Jackson, Lincoln, and FDR changed more than just history; they also transformed the role of the American president. The link between the vigorous exercise of executive power and presidential greatness, Yoo argues, is both significant and misunderstood. He makes the case that the founding fathers deliberately left the Constitution vague on the limits of presidential authority, drawing on history to demonstrate the benefi ts to the nation of a strong executive office.
Book Synopsis Crisis and Command by : John Yoo
Download or read book Crisis and Command written by John Yoo and published by Kaplan Publishing. This book was released on 2010-01-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An American President faces war and finds himself hamstrung by a Congress that will not act. To protect national security, he invokes his powers as Commander-in-Chief and orders actions that seem to violate laws enacted by Congress. He is excoriated for usurping dictatorial powers, placing himself above the law, and threatening to “breakdown constitutional safeguards.” One could be forgiven for thinking that the above describes former President George W. Bush. Yet these particular attacks on presidential power were leveled against Franklin D. Roosevelt. They could just as well describe similar attacks leveled against George Washington, Thomas Jefferson, Andrew Jackson, Abraham Lincoln and a number of other presidents challenged with leading the nation through times of national crisis. However bitter, complex, and urgent today’s controversies over executive power may be, John Yoo reminds us they are nothing new. In Crisis and Command, he explores a factor too little consulted in current debates: the past. Through shrewd and lucid analysis, he shows how the bold decisions made by Washington, Jefferson, Jackson, Lincoln, and FDR changed more than just history; they also transformed the role of the American president. The link between the vigorous exercise of executive power and presidential greatness, Yoo argues, is both significant and misunderstood. He makes the case that the founding fathers deliberately left the Constitution vague on the limits of presidential authority, drawing on history to demonstrate the benefi ts to the nation of a strong executive office.
Since September 11, 2001, long-standing debates over the nature and proper extent of executive power have assumed a fresh urgency. In this book eleven leading scholars of American politics and political theory address the idea of executive power.
Book Synopsis Executive Power in Theory and Practice by : H. Liebert
Download or read book Executive Power in Theory and Practice written by H. Liebert and published by Springer. This book was released on 2012-01-30 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since September 11, 2001, long-standing debates over the nature and proper extent of executive power have assumed a fresh urgency. In this book eleven leading scholars of American politics and political theory address the idea of executive power.
Judging Bush incorporates the diverse voices of presidential scholars, policy experts, and members of past administrations to present a balanced and systematic initial evaluation of the two terms of George W. Bush.
Book Synopsis Judging Bush by : Robert Maranto
Download or read book Judging Bush written by Robert Maranto and published by Stanford University Press. This book was released on 2009-09-02 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging Bush incorporates the diverse voices of presidential scholars, policy experts, and members of past administrations to present a balanced and systematic initial evaluation of the two terms of George W. Bush.
WATERGATE. MONICA LEWINSKY. PAINKILLERS IN THE OVAL OFFICE. IRAN-CONTRA. READ MY LIPS. THE CHARACTER FACTOR. The American president’s character matters. To most Americans, it matters deeply. But how do we define what character means, and why can’t we agree? In this sober, probing consideration of “the character factor” and the presidency, veteran political analyst James P. Pfiffner leads us through a survey of three aspects of presidential character that have proved problematic for recent chief executives: lies, promise-keeping, and sexual probity. His goal is not to tell us which presidents have been “good” and which “bad.” Rather, he helps us think critically and impartially about complex character issues and invites us to reach our own conclusions. The Character Factor avoids both the abyss of moral relativism and the desert of political cynicism. It helps us look at our presidents (and our presidential candidates) without illusions, knowing that flawed men can still be great leaders but that some flaws deserve defeat at the polls—or even the ultimate presidential sanction, impeachment.
Book Synopsis The Character Factor by : James P. Pfiffner
Download or read book The Character Factor written by James P. Pfiffner and published by Texas A&M University Press. This book was released on 2003-12-11 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: WATERGATE. MONICA LEWINSKY. PAINKILLERS IN THE OVAL OFFICE. IRAN-CONTRA. READ MY LIPS. THE CHARACTER FACTOR. The American president’s character matters. To most Americans, it matters deeply. But how do we define what character means, and why can’t we agree? In this sober, probing consideration of “the character factor” and the presidency, veteran political analyst James P. Pfiffner leads us through a survey of three aspects of presidential character that have proved problematic for recent chief executives: lies, promise-keeping, and sexual probity. His goal is not to tell us which presidents have been “good” and which “bad.” Rather, he helps us think critically and impartially about complex character issues and invites us to reach our own conclusions. The Character Factor avoids both the abyss of moral relativism and the desert of political cynicism. It helps us look at our presidents (and our presidential candidates) without illusions, knowing that flawed men can still be great leaders but that some flaws deserve defeat at the polls—or even the ultimate presidential sanction, impeachment.
The single most important issue in American constitutional law is the role the Supreme Court should play in interpretation of the constitution. This issue has been a source of controversy since at least 1803, when Chief Justice John Marshall proclaimed that the Supreme Court could declare acts of Congress unconstitutional. But public attention has been refocused by the recent debate between Attorney General Edwin Meese and Supreme Court Justice William Brennan. The Attorney General admonished the Justices to confine themselves to strict construction of the Constitution-to apply the Constitution as the framers intended. Justice Brennan rejected this as errant and arrogant because the framers had certainly not thought about the specific problems facing the country today.
Book Synopsis Art of Judging by : James. E Bond
Download or read book Art of Judging written by James. E Bond and published by Routledge. This book was released on 2017-09-08 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: The single most important issue in American constitutional law is the role the Supreme Court should play in interpretation of the constitution. This issue has been a source of controversy since at least 1803, when Chief Justice John Marshall proclaimed that the Supreme Court could declare acts of Congress unconstitutional. But public attention has been refocused by the recent debate between Attorney General Edwin Meese and Supreme Court Justice William Brennan. The Attorney General admonished the Justices to confine themselves to strict construction of the Constitution-to apply the Constitution as the framers intended. Justice Brennan rejected this as errant and arrogant because the framers had certainly not thought about the specific problems facing the country today.
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 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.
A full understanding of the institution of the American presidency requires us to examine how it developed from the founding to the present. This developmental lens, analyzing how historical turns have shaped the modern institution, allows for a richer, more nuanced understanding. The Development of the American Presidency pays great attention to that historical weight but is organized by the topics and concepts relevant to political science, with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, Richard Ellis looks at how the presidency has evolved in relation to the public, to Congress, to the executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. Each chapter promotes active learning, beginning with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. New to the Third Edition Analysis of the 2016 election, including the role of the Electoral College and implications of Trump’s nomination for the "party decides" thesis; Exploration of Trump’s Twitter presidency and the effectiveness of using social media to bypass the Washington press corps; In-depth coverage of the development of twentieth-century president–press relations, including a new section on broadcasting the presidency that explores the development of the presidential press conference and presidents’ use of radio and television; Study of national security policy in the Obama administration, with a special focus on the targeted killing of American citizens and Obama’s legacy for presidential war powers; Examination of the original understanding and contemporary relevance of impeachment as well as updated discussion of the president’s pardon power; Discussion of recent developments in the legislative and legal realms, including Trump’s first hundred days, the Garland–Gorsuch episode, and abolition of the filibuster for Supreme Court appointments; Preliminary assessment of Trump’s place in historical time.
Book Synopsis The Development of the American Presidency by : Richard J. Ellis
Download or read book The Development of the American Presidency written by Richard J. Ellis and published by Routledge. This book was released on 2018-02-20 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: A full understanding of the institution of the American presidency requires us to examine how it developed from the founding to the present. This developmental lens, analyzing how historical turns have shaped the modern institution, allows for a richer, more nuanced understanding. The Development of the American Presidency pays great attention to that historical weight but is organized by the topics and concepts relevant to political science, with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, Richard Ellis looks at how the presidency has evolved in relation to the public, to Congress, to the executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. Each chapter promotes active learning, beginning with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. New to the Third Edition Analysis of the 2016 election, including the role of the Electoral College and implications of Trump’s nomination for the "party decides" thesis; Exploration of Trump’s Twitter presidency and the effectiveness of using social media to bypass the Washington press corps; In-depth coverage of the development of twentieth-century president–press relations, including a new section on broadcasting the presidency that explores the development of the presidential press conference and presidents’ use of radio and television; Study of national security policy in the Obama administration, with a special focus on the targeted killing of American citizens and Obama’s legacy for presidential war powers; Examination of the original understanding and contemporary relevance of impeachment as well as updated discussion of the president’s pardon power; Discussion of recent developments in the legislative and legal realms, including Trump’s first hundred days, the Garland–Gorsuch episode, and abolition of the filibuster for Supreme Court appointments; Preliminary assessment of Trump’s place in historical time.
A full understanding of the institution of the American presidency requires us to examine how it developed from the founding to the present. This developmental lens, analyzing how historical turns have shaped the modern institution, allows for a richer, more nuanced understanding. The Development of the American Presidency pays great attention to that historical weight but is organized by the topics and concepts relevant to political science, with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, Richard J. Ellis looks at how the presidency has evolved in relation to the public, to Congress, to the executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. Each chapter promotes active learning, beginning with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. New to the Fourth Edition Explicit and expanded attention to the role of norms in shaping and constraining presidential power, with special focus on Trump’s norm-breaking and Biden’s efforts to shore up norms; Enhanced focus on the prospects for institutional reform, including in the electoral college, presidential relations with Congress, war powers, and the selection of Supreme Court justices; A full reckoning with the Trump presidency and its significance for the future of American democracy, presidential rhetoric, the unilateral executive, and the administrative state; Coverage of the first year of Biden’s presidency, including presidential rhetoric, relations with Congress and the bureaucracy, use of the war powers, and unilateral directives; Comprehensive updating of debates about the removal power, including the Supreme Court cases of Seila Law v. CFPB and Collins v. Yellen; In-depth exploration of the impact of partisan polarization on the legislative presidency and effective governance; Analysis of the 2020 election and its aftermath; Expanded discussion of impeachment to incorporate Trump’s two impeachments; Examination of presidential emergency powers, with special attention to Trump’s border wall declaration; Review of Biden’s and Trump’s impact on the judiciary; Assessment of Biden’s and Trump’s place in political time.
Book Synopsis The Development of the American Presidency by : Richard Ellis
Download or read book The Development of the American Presidency written by Richard Ellis and published by Routledge. This book was released on 2022-05-02 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: A full understanding of the institution of the American presidency requires us to examine how it developed from the founding to the present. This developmental lens, analyzing how historical turns have shaped the modern institution, allows for a richer, more nuanced understanding. The Development of the American Presidency pays great attention to that historical weight but is organized by the topics and concepts relevant to political science, with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, Richard J. Ellis looks at how the presidency has evolved in relation to the public, to Congress, to the executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. Each chapter promotes active learning, beginning with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. New to the Fourth Edition Explicit and expanded attention to the role of norms in shaping and constraining presidential power, with special focus on Trump’s norm-breaking and Biden’s efforts to shore up norms; Enhanced focus on the prospects for institutional reform, including in the electoral college, presidential relations with Congress, war powers, and the selection of Supreme Court justices; A full reckoning with the Trump presidency and its significance for the future of American democracy, presidential rhetoric, the unilateral executive, and the administrative state; Coverage of the first year of Biden’s presidency, including presidential rhetoric, relations with Congress and the bureaucracy, use of the war powers, and unilateral directives; Comprehensive updating of debates about the removal power, including the Supreme Court cases of Seila Law v. CFPB and Collins v. Yellen; In-depth exploration of the impact of partisan polarization on the legislative presidency and effective governance; Analysis of the 2020 election and its aftermath; Expanded discussion of impeachment to incorporate Trump’s two impeachments; Examination of presidential emergency powers, with special attention to Trump’s border wall declaration; Review of Biden’s and Trump’s impact on the judiciary; Assessment of Biden’s and Trump’s place in political time.
