The Relation of the Executive, Power to Legislation (Classic Reprint)


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Excerpt from The Relation of the Executive, Power to Legislation There are those who tell us that the political philos ophy of the founders of the Republic is unsuited to a twentieth-century world, that What they regarded as a self-evident truth is now seen to be only a fetish. If we are not prepared to reject the theory of the separa tion of powers, we should endeavor by all means to re store the lost equipoise, and to regain the ancient paths of ordered liberty under representative government. But if the new view is correct, or if it is true that ex ecutive arrogation of power is the result of forces operating irresistibly in the life of the nation, or the outcome of an evolutionary process which cannot now be reversed, then it becomes us to ask ourselves what we mean to do with our new form of government. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.




The Politics of Shared Power


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As Congress and the president battle out the federal deficit, foreign involvements, health care, and other policies of grave national import, the underlying constitutional issue is always the separation of powers doctrine. In The Politics of Shared Power, a classic text in the field of executive-legislative relations, Louis Fisher explains clearly and perceptively the points at which congressional and presidential interests converge and diverge, the institutional patterns that persist from one administration and one Congress to another, and the partisan dimensions resulting from the two-party system. Fisher also discusses the role of the courts in reviewing cases brought to them by members of Congress, the president, agency heads, and political activists, illustrating how court decisions affect the allocation of federal funds and the development and implementation of public policy. He examines how the president participates as legislator and how Congress intervenes in administrative matters. Separate chapters on the bureaucracy, the independent regulatory commissions, and the budgetary process probe these questions from different angles. The new fourth edition addresses the line item veto and its tortuous history and prospects. A chapter on war powers and foreign affairs studies executive-legislative disputes that affect global relations, including the Iran-Contra affair, the Persian Gulf War in 1991, and American presence in conflicts such as Haiti and Bosnia. An important new discussion focuses on interbranch collisions and gridlock as they have developed since 1992.







Presidential Leadership


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The nature of the presidency is an issue that has been debated since the drafting of the United States Constitution. The Federalists felt a strong executive was the backbone and prime mover of a strong government. On the other side, the Anti-Federalists felt the presidency represented monarchical tendencies and could potentially subvert republican government. How does executive leadership fit in with a limited government with enumerated powers? Does the Constitution require a containment of executive power, even during times of crisis, or do times of crisis warrant an abandonment of a strict legalistic reading of the document?




Separation of Powers in African Constitutionalism


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The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.




RELATION OF THE EXECUTIVE POWE


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