Presidential Misconduct

Presidential Misconduct

Author: James M. Banner Jr.

Publisher: The New Press

Published: 2019-07-02

Total Pages: 490

ISBN-13: 1620975505

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Named a best book of the year by The Economist and Foreign Affairs "A whole book devoted exclusively to the misconduct of American presidents and their responses to charges of misconduct is without precedent." —from the introduction to the 1974 edition by C. Vann Woodward, Pulitzer Prize–winning Yale historian The historic 1974 report for the House Committee on the Judiciary, updated for today by leading presidential historians In May 1974, as President Richard Nixon faced impeachment following the Watergate scandal, the House Judiciary Committee commissioned a historical account of the misdeeds of past presidents. The account, compiled by leading presidential historians of the day, reached back to George Washington's administration and was designed to provide a benchmark against which Nixon's misdeeds could be measured. What the report found was that, with the exception of William Henry Harrison (who served less than a month), every American president has been accused of misconduct: James Buchanan was charged with rigging the election of 1856; Ulysses S. Grant was reprimanded for not firing his corrupt staffer, Orville Babcock, in the "Whiskey Ring" bribery scandal; and Franklin D. Roosevelt's administration faced repeated charges of malfeasance in the Works Progress Administration. Now, as another president and his subordinates face an array of charges on a wide range of legal and constitutional offenses, a group of presidential historians has come together under the leadership of James M. Banner, Jr.—one of the historians who contributed to the original report—to bring the 1974 account up to date through Barack Obama's presidency. Based on current scholarship, this new material covers such well-known episodes as Nixon's Watergate crisis, Reagan's Iran-Contra scandal, Clinton's impeachment, and George W. Bush's connection to the exposure of intelligence secrets. But oft-forgotten events also take the stage: Carter's troubles with advisor Bert Lance, Reagan's savings and loan crisis, George H.W. Bush's nomination of Clarence Thomas to the Supreme Court, and Obama's Solyndra loan controversy. The only comprehensive study of American presidents' misconduct and the ways in which chief executives and members of their official families have responded to the charges brought against them, this new edition is designed to serve the same purpose as the original 1974 report: to provide the historical context and metric against which the actions of the current administration may be assessed.


Book Synopsis Presidential Misconduct by : James M. Banner Jr.

Download or read book Presidential Misconduct written by James M. Banner Jr. and published by The New Press. This book was released on 2019-07-02 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named a best book of the year by The Economist and Foreign Affairs "A whole book devoted exclusively to the misconduct of American presidents and their responses to charges of misconduct is without precedent." —from the introduction to the 1974 edition by C. Vann Woodward, Pulitzer Prize–winning Yale historian The historic 1974 report for the House Committee on the Judiciary, updated for today by leading presidential historians In May 1974, as President Richard Nixon faced impeachment following the Watergate scandal, the House Judiciary Committee commissioned a historical account of the misdeeds of past presidents. The account, compiled by leading presidential historians of the day, reached back to George Washington's administration and was designed to provide a benchmark against which Nixon's misdeeds could be measured. What the report found was that, with the exception of William Henry Harrison (who served less than a month), every American president has been accused of misconduct: James Buchanan was charged with rigging the election of 1856; Ulysses S. Grant was reprimanded for not firing his corrupt staffer, Orville Babcock, in the "Whiskey Ring" bribery scandal; and Franklin D. Roosevelt's administration faced repeated charges of malfeasance in the Works Progress Administration. Now, as another president and his subordinates face an array of charges on a wide range of legal and constitutional offenses, a group of presidential historians has come together under the leadership of James M. Banner, Jr.—one of the historians who contributed to the original report—to bring the 1974 account up to date through Barack Obama's presidency. Based on current scholarship, this new material covers such well-known episodes as Nixon's Watergate crisis, Reagan's Iran-Contra scandal, Clinton's impeachment, and George W. Bush's connection to the exposure of intelligence secrets. But oft-forgotten events also take the stage: Carter's troubles with advisor Bert Lance, Reagan's savings and loan crisis, George H.W. Bush's nomination of Clarence Thomas to the Supreme Court, and Obama's Solyndra loan controversy. The only comprehensive study of American presidents' misconduct and the ways in which chief executives and members of their official families have responded to the charges brought against them, this new edition is designed to serve the same purpose as the original 1974 report: to provide the historical context and metric against which the actions of the current administration may be assessed.

Scandal and Silence

Scandal and Silence

Author: Robert M. Entman

Publisher: John Wiley & Sons

Published: 2013-08-26

Total Pages: 292

ISBN-13: 0745660525

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This timely and engaging book challenges the conventional wisdom on media and scandal in the United States. The common view holds that media crave and actively pursue scandals whenever they sense corruption. Scandal and Silence argues for a different perspective. Using case studies from the period 1988-2008, it shows that: Media neglect most corruption, providing too little, not too much scandal coverage; Scandals arise from rational, controlled processes, not emotional frenzies - and when scandals happen, it’s not the media but governments and political parties that drive the process and any excesses that might occur; Significant scandals are indeed difficult for news organizations to initiate and harder for them to maintain and bring to appropriate closure; For these reasons cover-ups and lying often work, and truth remains essentially unrecorded, unremembered. Sometimes, bad behavior stimulates an avalanche of media attention with demonstrable political consequences, yet other times, equally shoddy activity receives little notice. This book advances a theoretical model to explain these differences, revealing an underlying logic to what might seem arbitrary and capricious journalism. Through case studies of the draft and military scandals involving Dan Quayle, George W. Bush, Bill Clinton and John Kerry; alleged sexual misconduct of politicians including but not limited to Clinton; and questionable financial dealings of Clinton and George W Bush, the book builds a new understanding of media scandals which will be essential reading for anyone concerned with the relationship between media and democracy today.


Book Synopsis Scandal and Silence by : Robert M. Entman

Download or read book Scandal and Silence written by Robert M. Entman and published by John Wiley & Sons. This book was released on 2013-08-26 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and engaging book challenges the conventional wisdom on media and scandal in the United States. The common view holds that media crave and actively pursue scandals whenever they sense corruption. Scandal and Silence argues for a different perspective. Using case studies from the period 1988-2008, it shows that: Media neglect most corruption, providing too little, not too much scandal coverage; Scandals arise from rational, controlled processes, not emotional frenzies - and when scandals happen, it’s not the media but governments and political parties that drive the process and any excesses that might occur; Significant scandals are indeed difficult for news organizations to initiate and harder for them to maintain and bring to appropriate closure; For these reasons cover-ups and lying often work, and truth remains essentially unrecorded, unremembered. Sometimes, bad behavior stimulates an avalanche of media attention with demonstrable political consequences, yet other times, equally shoddy activity receives little notice. This book advances a theoretical model to explain these differences, revealing an underlying logic to what might seem arbitrary and capricious journalism. Through case studies of the draft and military scandals involving Dan Quayle, George W. Bush, Bill Clinton and John Kerry; alleged sexual misconduct of politicians including but not limited to Clinton; and questionable financial dealings of Clinton and George W Bush, the book builds a new understanding of media scandals which will be essential reading for anyone concerned with the relationship between media and democracy today.

Responses of the Presidents to Charges of Misconduct

Responses of the Presidents to Charges of Misconduct

Author: Comer Vann Woodward

Publisher: Delacorte Press

Published: 1974

Total Pages: 458

ISBN-13:

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A study undertaken for the Impeachment Inquiry Staff of the House Committee on the Judiciary, with an added introd.


Book Synopsis Responses of the Presidents to Charges of Misconduct by : Comer Vann Woodward

Download or read book Responses of the Presidents to Charges of Misconduct written by Comer Vann Woodward and published by Delacorte Press. This book was released on 1974 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study undertaken for the Impeachment Inquiry Staff of the House Committee on the Judiciary, with an added introd.

Presidents and Political Scandal

Presidents and Political Scandal

Author: Richard P. Barberio

Publisher: Springer Nature

Published: 2020-07-18

Total Pages: 183

ISBN-13: 3030455041

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This book explores presidential power through an analysis of the ways that U.S. presidents attempt to manage scandals. While presidents routinely stonewall to block or limit investigations into their alleged transgressions or, in some cases, cooperate with investigators, this book proposes the existence of a third way of responding to scandals—a “backfire” or the creation of a counter-scandal to try to extinguish the original scandal. The existence of possible backfires is surveyed through case studies of the major scandals that impacted the Nixon, Reagan, Clinton, and Trump administrations. The development of this form of scandal response has meaningful implications concerning the growth of presidential power and its impacts on the functioning of the U.S. political system and the quality of American democracy. Changes in partisanship, the media environment, and the public’s view of the presidency and government are topics covered in the book’s explanation of the trends in scandal responses.


Book Synopsis Presidents and Political Scandal by : Richard P. Barberio

Download or read book Presidents and Political Scandal written by Richard P. Barberio and published by Springer Nature. This book was released on 2020-07-18 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores presidential power through an analysis of the ways that U.S. presidents attempt to manage scandals. While presidents routinely stonewall to block or limit investigations into their alleged transgressions or, in some cases, cooperate with investigators, this book proposes the existence of a third way of responding to scandals—a “backfire” or the creation of a counter-scandal to try to extinguish the original scandal. The existence of possible backfires is surveyed through case studies of the major scandals that impacted the Nixon, Reagan, Clinton, and Trump administrations. The development of this form of scandal response has meaningful implications concerning the growth of presidential power and its impacts on the functioning of the U.S. political system and the quality of American democracy. Changes in partisanship, the media environment, and the public’s view of the presidency and government are topics covered in the book’s explanation of the trends in scandal responses.

All the President's Women

All the President's Women

Author: Barry Levine

Publisher: Hachette Books

Published: 2019-10-22

Total Pages: 384

ISBN-13: 0316492671

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Based on groundbreaking original reporting, an extensive new look at Donald Trump's relationships with women, revealing new accusations of sexual misconduct, exploring the roots of his alleged predatory behavior, and illustrating how Trump's presidency has helped catalyze the #MeToo movement and revitalize women's activism.


Book Synopsis All the President's Women by : Barry Levine

Download or read book All the President's Women written by Barry Levine and published by Hachette Books. This book was released on 2019-10-22 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on groundbreaking original reporting, an extensive new look at Donald Trump's relationships with women, revealing new accusations of sexual misconduct, exploring the roots of his alleged predatory behavior, and illustrating how Trump's presidency has helped catalyze the #MeToo movement and revitalize women's activism.

Investigating the President

Investigating the President

Author: Douglas L. Kriner

Publisher: Princeton University Press

Published: 2016-09-13

Total Pages: 300

ISBN-13: 0691171866

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Although congressional investigations have provided some of the most dramatic moments in American political history, they have often been dismissed as mere political theater. But these investigations are far more than grandstanding. Investigating the President shows that congressional investigations are a powerful tool for members of Congress to counter presidential aggrandizement. By shining a light on alleged executive wrongdoing, investigations can exert significant pressure on the president and materially affect policy outcomes. Douglas Kriner and Eric Schickler construct the most comprehensive overview of congressional investigative oversight to date, analyzing nearly thirteen thousand days of hearings, spanning more than a century, from 1898 through 2014. The authors examine the forces driving investigative power over time and across chambers, identify how hearings might influence the president's strategic calculations through the erosion of the president’s public approval rating, and uncover the pathways through which investigations have shaped public policy. Put simply, by bringing significant political pressure to bear on the president, investigations often afford Congress a blunt, but effective check on presidential power—without the need to worry about veto threats or other hurdles such as Senate filibusters. In an era of intense partisan polarization and institutional dysfunction, Investigating the President delves into the dynamics of congressional investigations and how Congress leverages this tool to counterbalance presidential power.


Book Synopsis Investigating the President by : Douglas L. Kriner

Download or read book Investigating the President written by Douglas L. Kriner and published by Princeton University Press. This book was released on 2016-09-13 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although congressional investigations have provided some of the most dramatic moments in American political history, they have often been dismissed as mere political theater. But these investigations are far more than grandstanding. Investigating the President shows that congressional investigations are a powerful tool for members of Congress to counter presidential aggrandizement. By shining a light on alleged executive wrongdoing, investigations can exert significant pressure on the president and materially affect policy outcomes. Douglas Kriner and Eric Schickler construct the most comprehensive overview of congressional investigative oversight to date, analyzing nearly thirteen thousand days of hearings, spanning more than a century, from 1898 through 2014. The authors examine the forces driving investigative power over time and across chambers, identify how hearings might influence the president's strategic calculations through the erosion of the president’s public approval rating, and uncover the pathways through which investigations have shaped public policy. Put simply, by bringing significant political pressure to bear on the president, investigations often afford Congress a blunt, but effective check on presidential power—without the need to worry about veto threats or other hurdles such as Senate filibusters. In an era of intense partisan polarization and institutional dysfunction, Investigating the President delves into the dynamics of congressional investigations and how Congress leverages this tool to counterbalance presidential power.

The Law of Presidential Impeachment

The Law of Presidential Impeachment

Author: Michael J. Gerhardt

Publisher: NYU Press

Published: 2024-01-09

Total Pages: 216

ISBN-13: 1479824712

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A clear and comprehensive overview of presidential impeachment from a leading expert in the field As a result of Donald Trump’s presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution. The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution’s various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt’s new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments. The Law of Presidential Impeachment will be an invaluable, accessible guide for future generations, giving them a succinct yet remarkably nuanced understanding of this core aspect of our executive branch and overarching governmental system.


Book Synopsis The Law of Presidential Impeachment by : Michael J. Gerhardt

Download or read book The Law of Presidential Impeachment written by Michael J. Gerhardt and published by NYU Press. This book was released on 2024-01-09 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear and comprehensive overview of presidential impeachment from a leading expert in the field As a result of Donald Trump’s presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution. The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution’s various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt’s new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments. The Law of Presidential Impeachment will be an invaluable, accessible guide for future generations, giving them a succinct yet remarkably nuanced understanding of this core aspect of our executive branch and overarching governmental system.

Accidental Presidents

Accidental Presidents

Author: Jared Cohen

Publisher: Simon & Schuster

Published: 2020-01-28

Total Pages: 528

ISBN-13: 1501109839

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This New York Times bestselling “deep dive into the terms of eight former presidents is chock-full of political hijinks—and déjà vu” (Vanity Fair) and provides a fascinating look at the men who came to the office without being elected to it, showing how each affected the nation and world. The strength and prestige of the American presidency has waxed and waned since George Washington. Eight men have succeeded to the presidency when the incumbent died in office. In one way or another they vastly changed our history. Only Theodore Roosevelt would have been elected in his own right. Only TR, Truman, Coolidge, and LBJ were re-elected. John Tyler succeeded William Henry Harrison who died 30 days into his term. He was kicked out of his party and became the first president threatened with impeachment. Millard Fillmore succeeded esteemed General Zachary Taylor. He immediately sacked the entire cabinet and delayed an inevitable Civil War by standing with Henry Clay’s compromise of 1850. Andrew Johnson, who succeeded our greatest president, sided with remnants of the Confederacy in Reconstruction. Chester Arthur, the embodiment of the spoils system, was so reviled as James Garfield’s successor that he had to defend himself against plotting Garfield’s assassination; but he reformed the civil service. Theodore Roosevelt broke up the trusts. Calvin Coolidge silently cooled down the Harding scandals and preserved the White House for the Republican Herbert Hoover and the Great Depression. Harry Truman surprised everybody when he succeeded the great FDR and proved an able and accomplished president. Lyndon B. Johnson was named to deliver Texas electorally. He led the nation forward on Civil Rights but failed on Vietnam. Accidental Presidents shows that “history unfolds in death as well as in life” (The Wall Street Journal) and adds immeasurably to our understanding of the power and limits of the American presidency in critical times.


Book Synopsis Accidental Presidents by : Jared Cohen

Download or read book Accidental Presidents written by Jared Cohen and published by Simon & Schuster. This book was released on 2020-01-28 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This New York Times bestselling “deep dive into the terms of eight former presidents is chock-full of political hijinks—and déjà vu” (Vanity Fair) and provides a fascinating look at the men who came to the office without being elected to it, showing how each affected the nation and world. The strength and prestige of the American presidency has waxed and waned since George Washington. Eight men have succeeded to the presidency when the incumbent died in office. In one way or another they vastly changed our history. Only Theodore Roosevelt would have been elected in his own right. Only TR, Truman, Coolidge, and LBJ were re-elected. John Tyler succeeded William Henry Harrison who died 30 days into his term. He was kicked out of his party and became the first president threatened with impeachment. Millard Fillmore succeeded esteemed General Zachary Taylor. He immediately sacked the entire cabinet and delayed an inevitable Civil War by standing with Henry Clay’s compromise of 1850. Andrew Johnson, who succeeded our greatest president, sided with remnants of the Confederacy in Reconstruction. Chester Arthur, the embodiment of the spoils system, was so reviled as James Garfield’s successor that he had to defend himself against plotting Garfield’s assassination; but he reformed the civil service. Theodore Roosevelt broke up the trusts. Calvin Coolidge silently cooled down the Harding scandals and preserved the White House for the Republican Herbert Hoover and the Great Depression. Harry Truman surprised everybody when he succeeded the great FDR and proved an able and accomplished president. Lyndon B. Johnson was named to deliver Texas electorally. He led the nation forward on Civil Rights but failed on Vietnam. Accidental Presidents shows that “history unfolds in death as well as in life” (The Wall Street Journal) and adds immeasurably to our understanding of the power and limits of the American presidency in critical times.

Proof of Corruption

Proof of Corruption

Author: Seth Abramson

Publisher: St. Martin's Press

Published: 2020-09-08

Total Pages: 352

ISBN-13: 1250273005

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In the third volume of his Proof series, New York Times bestselling author Seth Abramson takes readers on a deep dive into the Ukraine scandal, revealing it to be more sinister, complex, and transnational than previously thought. Abramson’s research on Trump administration corruption positions the Ukraine scandal as the foreseeable culmination of years of clandestine machinations involving scores of players, from Beijing to Budapest, Ankara to Caracas, Warsaw to Jerusalem, Kyiv to Riyadh, and Moscow to D.C. While many know about the July 2019 telephone call that ignited the Ukraine scandal, most don’t know about the concurrent attempts by members of Trump’s inner circle to take over Ukraine’s national gas company and bolster dangerous pro-Kremlin Ukrainian oligarchs—moves that would have benefited Putin and destabilized Ukraine’s government and economy. In Beijing, Trump’s dealings with the Chinese government not only enriched him and his family, but also culminated in him successfully seeking 2020 election interference from Xi Jinping in the form of closely held information about Joe Biden. In Venezuela, many of the actors involved in the Ukraine scandal engaged in similarly secretive, Kremlin-friendly negotiations that undermined U.S. policy. In Syria and Iraq, Trump’s personal indebtedness to autocrats in Turkey, Israel, Saudi Arabia, and the UAE cost untold lives. And Abramson brings the story back to an increasingly fractured and depleted United States, where the COVID-19 pandemic exposes the staggering domestic consequences of the Trump administration’s foreign machinations. In Proof of Corruption, Seth Abramson lays bare Trump’s decades-long pattern of corruption. This globe-spanning narrative is an urgent warning about the unprecedented threat posed by a corrupt president and his administration.


Book Synopsis Proof of Corruption by : Seth Abramson

Download or read book Proof of Corruption written by Seth Abramson and published by St. Martin's Press. This book was released on 2020-09-08 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the third volume of his Proof series, New York Times bestselling author Seth Abramson takes readers on a deep dive into the Ukraine scandal, revealing it to be more sinister, complex, and transnational than previously thought. Abramson’s research on Trump administration corruption positions the Ukraine scandal as the foreseeable culmination of years of clandestine machinations involving scores of players, from Beijing to Budapest, Ankara to Caracas, Warsaw to Jerusalem, Kyiv to Riyadh, and Moscow to D.C. While many know about the July 2019 telephone call that ignited the Ukraine scandal, most don’t know about the concurrent attempts by members of Trump’s inner circle to take over Ukraine’s national gas company and bolster dangerous pro-Kremlin Ukrainian oligarchs—moves that would have benefited Putin and destabilized Ukraine’s government and economy. In Beijing, Trump’s dealings with the Chinese government not only enriched him and his family, but also culminated in him successfully seeking 2020 election interference from Xi Jinping in the form of closely held information about Joe Biden. In Venezuela, many of the actors involved in the Ukraine scandal engaged in similarly secretive, Kremlin-friendly negotiations that undermined U.S. policy. In Syria and Iraq, Trump’s personal indebtedness to autocrats in Turkey, Israel, Saudi Arabia, and the UAE cost untold lives. And Abramson brings the story back to an increasingly fractured and depleted United States, where the COVID-19 pandemic exposes the staggering domestic consequences of the Trump administration’s foreign machinations. In Proof of Corruption, Seth Abramson lays bare Trump’s decades-long pattern of corruption. This globe-spanning narrative is an urgent warning about the unprecedented threat posed by a corrupt president and his administration.

The Living Presidency

The Living Presidency

Author: Saikrishna Bangalore Prakash

Publisher: Harvard University Press

Published: 2020-04-21

Total Pages: 353

ISBN-13: 0674245210

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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.


Book Synopsis The Living Presidency by : Saikrishna Bangalore Prakash

Download or read book The Living Presidency written by Saikrishna Bangalore Prakash and published by Harvard University Press. This book was released on 2020-04-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.