Executive Overreach in Foreign Affairs


Book Description

Executive overreach in foreign affairs : hearing before the Executive Overreach Task Force of the Committee on the Judiciary, House of Representatives, One Hundred Fourteenth Congress, second session, May 12, 2016.




Executive Overreach in Foreign Affairs :.


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Executive Overreach in Foreign Affairs


Book Description




Democracy in Times of Pandemic


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Examines the most important democratic challenges of today, using the Covid-19 pandemic as a case study.




The Diplomatic Presidency


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President Woodrow Wilson riding down the Champs-Élysées in December 1918 to meet with the leaders of the victorious Allies at the Paris Peace Conference marked a break from a long tradition where US presidents directed foreign policy, and direct engagement with foreign counterparts was not considered a central duty. Not until the arrival of Franklin D. Roosevelt’s administration over a decade later would this change. In The Diplomatic Presidency: American Foreign Policy from FDR to George H. W. Bush Tizoc Chavez reveals the long-overlooked history of the rise of personal diplomacy as one of the core responsibilities of the modern president. The modern presidency as it took shape during the FDR era is characterized by rising expectations, sensitivity to public opinion, activism in the legislative arena, a propensity to act unilaterally, and a vast executive branch bureaucracy, all of which contributed to shaping the necessity and practice of presidential personal diplomacy. Tizoc Chavez takes a comprehensive approach and provides a thorough, archival-based examination of the causes that led presidents to conduct diplomacy on a more personal level. He analyzes personal diplomacy as it was practiced across presidential administrations, which shifts the focus from the unique or contingent characteristics of individual presidents to an investigation of the larger international and domestic factors in which presidents have operated. This approach clarifies similarities and connections during the era of the modern presidency and why all modern presidents have used personal diplomacy regardless of their vastly different political ideologies, policy objectives, leadership styles, partisan affiliations, and personalities, making the practice a central aspect of the presidency and US foreign affairs. This cross-administration exploration of why the presidency, as an institution, resorted to diplomacy at the highest level argues that regardless of who occupied the modern White House, they turned to personal diplomacy for the same reasons: international crises, domestic politics, foreign leaders seeking them out, and a desire for control. The Diplomatic Presidency bridges the gap between history and political science by balancing in-depth case studies with general explanations of broader developments in the presidency and international and domestic politics for a better understanding of presidential behavior and US foreign relations today.




Four Threats


Book Description

An urgent, historically-grounded take on the four major factors that undermine American democracy, and what we can do to address them. While many Americans despair of the current state of U.S. politics, most assume that our system of government and democracy itself are invulnerable to decay. Yet when we examine the past, we find that to the contrary, the United States has undergone repeated crises of democracy, from the earliest days of the republic to the present. In The Four Threats, Robert C. Lieberman and Suzanne Mettler explore five historical episodes when democracy in the United States was under siege: the 1790s, the Civil War, the Gilded Age, the Depression, and Watergate. These episodes risked profound, even fatal, damage to the American democratic experiment, and on occasion antidemocratic forces have prevailed. From this history, four distinct characteristics of democratic disruption emerge. Political polarization, racism and nativism, economic inequality, and excessive executive power – alone or in combination – have threatened the survival of the republic, but it has survived, so far. What is unique, and alarming, about the present moment is that all four conditions are present in American politics today. This formidable convergence marks the contemporary era as an especially grave moment for democracy in the United States. But history provides a valuable repository from which contemporary Americans can draw lessons about how democracy was eventually strengthened — or in some cases weakened — in the past. By revisiting how earlier generations of Americans faced threats to the principles enshrined in the Constitution, we can see the promise and the peril that have led us to the present and chart a path toward repairing our civic fabric and renewing democracy.




The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs


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This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.




Power Without Constraint


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As a presidential candidate, Barack Obama criticized the George W. Bush administration for its unrestrained actions in matters of national security. In secret Justice Department memos, President Bush’s officials had claimed for the executive branch total authority to use military force in response to threats of terrorism. They set aside laws made by Congress, even criminal laws prohibiting torture and warrantless surveillance. Candidate Obama promised to restore the rule of law and make a clean break with the Bush approach. President Obama has not done so. Why? In a thorough comparison of the Bush and Obama administrations’ national security policies, Chris Edelson demonstrates that President Obama and his officials have used softer rhetoric and toned-down legal arguments, but in key areas—military action, surveillance, and state secrets—they have simply found new ways to assert power without meaningful constitutional or statutory constraints. Edelson contends that this legacy of the two immediately post-9/11 presidencies raises crucial questions for future presidents, Congress, the courts, and American citizens. Where is the political will to restore a balance of powers among branches of government and adherence to the rule of law? What are the limits of authority regarding presidential national security power? Have national security concerns created a permanent shift to unconstrained presidential power?