Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers
Publisher :
Page : 1580 pages
File Size : 20,18 MB
Release : 1971
Category : Executive power
ISBN :
Author : United States. Congress. Senate. Judiciary
Publisher :
Page : 248 pages
File Size : 31,9 MB
Release : 1971
Category :
ISBN :
Author : John V. Sullivan
Publisher :
Page : 72 pages
File Size : 27,19 MB
Release : 2007
Category : Government publications
ISBN :
Author : Robert J. Spitzer
Publisher : State University of New York Press
Page : 206 pages
File Size : 35,13 MB
Release : 1988-08-09
Category : Political Science
ISBN : 143842082X
This is the first modern study of the veto. In addition to tracing the genesis and historical evolution from Ancient Rome, through the ultimate inclusion in the Constitution, it also explores the veto's consequences for modern presidents. In doing so, Spitzer promotes a key argument about the relation between the veto power and the Presidency — namely, that the rise of the veto power, beginning with the first Chief Executive, is symptomatic of the rise of the strong modern Presidency, and has in fact been a major tool of Presidency-building. A special and revealing irony of the veto power is seen in the finding that, despite its monarchical roots and anti-majoritarian nature, the veto has become a key vehicle for presidents to appeal directly to, and on behalf of, the people. Thus, the veto's utility for presidents arises not only as a power to use against Congress, but also as a symbolic, plebiscitary tool.
Author : Linda C. Gugin
Publisher : Indiana Historical Society
Page : 464 pages
File Size : 37,63 MB
Release : 2006
Category : Biography & Autobiography
ISBN :
Author : Sanford Levinson
Publisher : Oxford University Press
Page : 260 pages
File Size : 23,28 MB
Release : 2008
Category : Law
ISBN : 0195365577
Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Author : Ken Gormley
Publisher : NYU Press
Page : 711 pages
File Size : 43,65 MB
Release : 2016-05-10
Category : Biography & Autobiography
ISBN : 1479839906
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 : Adam B. Cox
Publisher : Oxford University Press
Page : 361 pages
File Size : 24,46 MB
Release : 2020-08-04
Category : Law
ISBN : 0190694386
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 : Saikrishna Bangalore Prakash
Publisher : Harvard University Press
Page : 353 pages
File Size : 27,83 MB
Release : 2020-04-21
Category : Political Science
ISBN : 0674245210
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.
Author : Randy E. Barnett
Publisher : Harvard University Press
Page : 489 pages
File Size : 33,50 MB
Release : 2021-11-02
Category : Law
ISBN : 0674257766
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
