Author : Valeria Palanza
Publisher : Cambridge University Press
Page : 267 pages
File Size : 46,76 MB
Release : 2019-01-17
Category : Biography & Autobiography
ISBN : 1108427626
Provides the first comparative look into executive decree authority. It explains why presidents issue decrees and why checks and balances sometimes fail.
Author : Valeria Palanza
Publisher : Cambridge University Press
Page : 0 pages
File Size : 39,46 MB
Release : 2022-04-14
Category : Political Science
ISBN : 9781108446631
A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.
Author : Alexander Bolton
Publisher : Princeton University Press
Page : 256 pages
File Size : 47,33 MB
Release : 2021-12-14
Category : Political Science
ISBN : 0691224617
Executive power in the shadow of legislative capacity -- Legislative capacity, executive action, and separation of powers -- 'Outmanned and outgunned' : the historical development of congressional capacity -- Pulling the purse strings : legislative capacity and discretion -- Continuous watchfulness? legislative capacity and oversight -- Presidential unilateral policy making -- Unilateral policy making in the U.S. states -- The future of legislative capacity.
Author : Charles de Secondat baron de Montesquieu
Publisher :
Page : 492 pages
File Size : 13,60 MB
Release : 1886
Category : Jurisprudence
ISBN :
Author : Jody C. Baumgartner
Publisher : Bloomsbury Publishing USA
Page : 207 pages
File Size : 12,40 MB
Release : 2003-10-30
Category : Political Science
ISBN : 0313051836
Baumgartner, Kada, and thier contributors examine presidential impeachment in such varied settings as the United States, Russia, Colombia, Brazil, Venezuela, the Philippines, and Madagascar. In all of these countries there has been a serious impeachment attempt within the past decade or so. The results of each impeachment attempt vary, from unnsuccessful attempts to those which were successful; in the latter case, some resulted in presidents remaining in office, others in removal of the president, and, in one case, the forced resignation of a president. The common framework of each analysis includes a discussion of the historical and constitional bases of the presidency, the institutional balance of power, provisions for impeachment, and the structure of party politics in each country; in addition, the role that public opinion plays in the process is discussed. While broad, the framework permits comparison between the cases and some general conclusions about all phases of the impeachment process and executive accountability can be drawn. One of the most important conclusions is that contrary to popular wisdom, impeachment is most definitively not a strictly legal process, but rather one that is highly political from start to finish. As the volume makes clear, it is most useful to view impeachment by way of examining the intersection of executive-legislative relations, partisan political conflict, and public opinion.
Author : Alexander Hamilton
Publisher : Read Books Ltd
Page : 420 pages
File Size : 14,96 MB
Release : 2018-08-20
Category : History
ISBN : 1528785878
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author : David M. Driesen
Publisher : Stanford University Press
Page : 323 pages
File Size : 11,5 MB
Release : 2021-07-20
Category : Law
ISBN : 1503628620
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 : W. David Stedman
Publisher : National Book Network
Page : 292 pages
File Size : 33,63 MB
Release : 1987
Category : Constitutional history
ISBN : 9780937047255
Author : Peter M. Shane
Publisher : University of Chicago Press
Page : 258 pages
File Size : 39,96 MB
Release : 2009-08-01
Category : Political Science
ISBN : 0226749428
The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.
Author : Jeffrey Crouch
Publisher : University Press of Kansas
Page : 222 pages
File Size : 50,25 MB
Release : 2020-11-30
Category : Political Science
ISBN : 070063004X
“I have an Article II,” Donald Trump has announced, citing the US Constitution, “where I have the right to do whatever I want as president.” Though this statement would have come as a shock to the framers of the Constitution, it fairly sums up the essence of “the unitary executive theory.” This theory, which emerged during the Reagan administration and gathered strength with every subsequent presidency, counters the system of checks and balances that constrains a president’s executive impulses. It also, the authors of this book contend, counters the letter and spirit of the Constitution. In their account of the rise of unitary executive theory over the last several decades, the authors refute the notion that this overweening view of executive power has been a common feature of the presidency from the beginning of the Republic. Rather, they show, it was invented under the Reagan Administration, got a boost during the George W. Bush administration, and has found its logical extension in the Trump administration. This critique of the unitary executive theory reveals it as a misguided model for understanding presidential powers. While its adherents argue that greater presidential power makes government more efficient, the results have shown otherwise. Dismantling the myth that presidents enjoy unchecked plenary powers, the authors advocate for principles of separation of powers—of checks and balances—that honor the Constitution and support the republican government its framers envisioned. A much-needed primer on presidential power, from the nation’s founding through Donald Trump’s impeachment, The Unitary Executive Theory: A Danger to Constitutional Government makes a robust and persuasive case for a return to our constitutional limits.
