Author : Arthur Meier Schlesinger
Publisher : Houghton Mifflin Harcourt
Page : 630 pages
File Size : 36,43 MB
Release : 2004
Category : Executive power
ISBN : 9780618420018
Publisher Description
Author : Gary Schmitt
Publisher : Rowman & Littlefield
Page : 186 pages
File Size : 10,98 MB
Release : 2017-02-06
Category : Political Science
ISBN : 1538101033
Time and again, in recent years, the charge has been made that sitting presidents have behaved “imperially,” employing authorities that break the bounds of law and the Constitution. It is now an epithet used to describe presidencies of both parties. The Imperial Presidency and the Constitution examines this critical issue from a variety of perspectives: analyzing the president’s role in the administrative state, as commander-in-chief, as occupant of the modern “Bully Pulpit,” and, in separate essays, addressing recent presidents’ relationship with Congress and the Supreme Court. The volume also deepens the discussion by taking a look back at Abraham Lincoln’s expansive use of executive power during the Civil War where the tension between law and necessity were at their most extreme, calling into question the “rule of law” itself. The volume concludes with an examination of how the Constitution’s provision of both “powers and duties” for the president can provide a roadmap for assessing the propriety of executive behavior.
Author : Peter Irons
Publisher : Macmillan
Page : 328 pages
File Size : 44,83 MB
Release : 2006-05-02
Category : Law
ISBN : 9780805080179
This book examines a fundamental question in the development of the American empire: What constraints does the Constitution place on our territorial expansion, military intervention, occupation of foreign countries, and on the power the president may exercise over American foreign policy? Worried about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress declared war was on December 8, 1941, after the Japanese attack on Pearl Harbor. Since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives, while Congress and the Supreme Court have virtually abdicated their responsibilities to check presidential power. Legal historian Irons recounts this story of subversion from above, tracing presidents' increasing willingness to ignore congressional authority and even suspend civil liberties.--From publisher description.
Author : Matthew A. Crenson
Publisher : W. W. Norton & Company
Page : 448 pages
File Size : 38,85 MB
Release : 2007
Category : Biography & Autobiography
ISBN : 9780393064889
This book explores how American presidents--especially those of the past three decades--have increased the power of the presidency at the expense of democracy.
Author : Steven Morris
Publisher : Lulu.com
Page : 244 pages
File Size : 38,98 MB
Release : 2009-08-22
Category : Biography & Autobiography
ISBN : 0557093961
This thesis examines the exponential increase in the power of the presidency during wartime from the time of the Founding Fathers up until the beginning of the Obama administration. It focuses on the ways in which our Nation's wartime presidents have marginalized the role of Congress and the judiciary during foreign conflicts. The first half of this work analyzes the actions of wartime presidents from a historical context, which is supplemented in the second half by an in-depth comparative discussion of the actions taken by the Bush administration during the War on Terror. This work concludes by recommending detailed courses of action to be pursued by future presidents in order to restore the fundamental maxim of checks and balances.
Author : Brien Hallett
Publisher : BRILL
Page : 216 pages
File Size : 12,37 MB
Release : 2020-09-25
Category : Political Science
ISBN : 9004439269
In Nurturing the Imperial Presidency, Brien Hallett asks, "Why have national war leaders always decided and declared war?" Because they have always controlled the drafting of the declaration of war. Ways to remove this control are explored; alternatives are proposed.
Author :
Publisher : SUNY Press
Page : 268 pages
File Size : 50,85 MB
Release :
Category :
ISBN : 0791481905
Author : Stephen Skowronek
Publisher : Oxford University Press
Page : 288 pages
File Size : 33,49 MB
Release : 2021-03-01
Category : Political Science
ISBN : 0197543103
A powerful dissection of one of the fundamental problems in American governance today: the clash between presidents determined to redirect the nation through ever-tighter control of administration and an executive branch still organized to promote shared interests in steady hands, due deliberation, and expertise. President Trump pitted himself repeatedly against the institutions and personnel of the executive branch. In the process, two once-obscure concepts came center stage in an eerie faceoff. On one side was the specter of a "Deep State" conspiracyadministrators threatening to thwart the will of the people and undercut the constitutional authority of the president they elected to lead them. On the other side was a raw personalization of presidential power, one that a theory of "the unitary executive" gussied up and allowed to run roughshod over reason and the rule of law. The Deep State and the unitary executive framed every major contest of the Trump presidency. Like phantom twins, they drew each other out. These conflicts are not new. Stephen Skowronek, John A. Dearborn, and Desmond King trace the tensions between presidential power and the depth of the American state back through the decades and forward through the various settlements arrived at in previous eras. Phantoms of a Beleaguered Republic is about the breakdown of settlements and the abiding vulnerabilities of a Constitution that gave scant attention to administrative power. Rather than simply dump on Trump, the authors provide a richly historical perspective on the conflicts that rocked his presidency, and they explain why, if left untamed, the phantom twins will continue to pull the American government apart.
Author : Saikrishna Bangalore Prakash
Publisher : Yale University Press
Page : 465 pages
File Size : 37,88 MB
Release : 2015-01-01
Category : Law
ISBN : 0300194560
Eminent scholar Saikrishna Prakash offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well known and obscure, this volume reconstructs the powers and duties of the nation's chief executive at the Constitution's founding. Among other subjects, Prakash examines the term and structure of the office of the president, as well as the president's power as constitutional executor of the law, authority in foreign policy, role as commander in chief, level of control during emergencies, and relationship with the Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office was seen as monarchical from its inception.
Author : Saikrishna Bangalore Prakash
Publisher : Harvard University Press
Page : 353 pages
File Size : 16,71 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.
