Power and Constraint: The Accountable Presidency After 9/11


Book Description

The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.




Presidential Power and Accountability


Book Description

Many analysts now believe that the growth of presidential war power relative to Congress is irreversible. This book was written to contest that view. Its purpose is to identify what would be required to restore presidential war power to constitutional specifications while leaving the president powerful enough to do what is truly necessary in the face of any emergency. Buchanan focuses mainly on diagnosing the origins of the problem and devising practical ways to work toward restoration of the constitutional balance of power between Congress and the president. The work begins by showing the lack of clear, widely shared standards whose enforcement is needed to sustain the balance of power and draws on the thinking of the founders and political theorists to crystallize such standards. Next it details how, in the absence of standards, agents such as Congress and the Supreme Court with formal influence on presidents and informal agents such as media and public opinion have unwittingly enabled unnecessary power expansion, such as the presidential 'wars of choice'. Of course change of this magnitude cannot be expected to happen quickly. Remedies necessarily involve a reform architecture intended to unfold gradually, with the first step being simply to start a focused conversation (another purpose of this book). Buchanan moves toward specific remedies by identifying the structure and strategy for a new think tank designed to nudge the political system toward the kind of change the book recommends. Lastly, the book shows how a fictional policy trial could take a practical step toward in rebalancing the war power. This is a crucial examination of presidential power and the U.S. separation of powers system, with a focused effort on making a course correction toward the kind of power sharing envisioned in the Constitution.




Reclaiming Accountability


Book Description

Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.




Democracy and Executive Power


Book Description

A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.




The President and Immigration Law


Book Description

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.




After Trump


Book Description

In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.




Executive Privilege


Book Description

Drawing on White House and congressional documents as well as on personal interviews, Mark Rozell provides both a historical overview of executive privilege and an explanation of its importance in the political process. He argues for a return to a pre-Watergate understanding of the role of executive privilege.




Learning While Governing


Book Description

Sean Gailmard is the Judith E. Gruber Associate Professor in the Travers Department of Political Science at the University of California, Berkeley. John W. Patty is associate professor of political science at Washington University.




The Limits of Presidential Power


Book Description

This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.




Presidential Campaigns and Presidential Accountability


Book Description

In investigating the presidential campaigns and early administrations of Barack Obama, George W. Bush, and Bill Clinton, Presidential Campaigns and Presidential Accountability shows how campaign promises are realized in government once the victor is established in the Oval Office. To measure correlations between presidential campaigns and policy-making, Michele P. Claibourn closely examines detailed campaign advertising information, survey data about citizen's responses to campaigns, processes that create expectations among constituents, and media attention and response to candidates. Disputing the notion that presidents ignore campaign issues upon being elected, Presidential Campaigns and Presidential Accountability contends that candidates raise issues that matter and develop ideas to address these issues based on voter reactions. Conventional disappointment in presidential campaigns stems from a misunderstanding of the role that presidents play in a system of separate institutions sharing power, and Claibourn forces us to think about presidential campaigns in the context of the presidency--what the president realistically can and cannot do. Based on comparisons of the Clinton, Bush, and Obama campaigns and the first years of the subsequent presidential administrations, Claibourn builds a generalized theory of agenda accountability, showing how presidential action is constrained by campaign agendas.