The President Congress And The Constitution

Author by : Christopher H. Pyle
Languange : en
Publisher by : Simon and Schuster
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Description : Examines constitutional principles and their effects.


A Presidential Nation

Author by : Michael A. Genovese
Languange : en
Publisher by : Routledge
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Total Read : 41
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Description : The Washington Monument, the Lincoln Memorial, the Jefferson Memorial. Why do we devote monuments to the presidents? Why do we honor them, instead of Congress, or the courts? A Presidential Nation examines how the presidency (an office limited by the Constitution and separation of powers) became the centerpiece of American government. Michael A. Genovese argues that in rebelling against the British, the Framers of the Constitution invented a circumscribed presidency to guard against executive tyranny. Yet, over time, presidential power has risen and congressional power declined to a point where the United States has a near imperial presidency. Reexamining the status of presidential power in the post-9/11 world, Dr. Genovese considers the alternatives, if any, to the current model of presidential power. A Presidential Nation is perfect for students of American Presidency and Federal Governance courses and anyone interested in the changing authority of the American political system.


Corwin On The Constitution

Author by : Edward S. Corwin
Languange : en
Publisher by : Cornell University Press
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Description : Edward S. Corwin is the twentieth century's most eminent commentator on the Constitution. Unfortunately, he died before he could write the single definitive work on the Constitution he had planned. In three volumes, of which this is the first, Richard Loss has edited and introduced major essays by Corwin that best delineate his argument in political thought and constitutional law. The essays in Volume One examine the foundations of American political and constitutional thought, the powers of Congress, and the President's power of removal. Corwin addresses topics that vary from "The Worship of the Constitution" to "The Constitution as Instrument and Symbol." He discusses the lessons of the Constitutional Convention of 1787, takes up the relationship of the Constitution to New Deal democracy, and examines democratic dogma and political science. A fascinating essay treating the theory of evolution shows how this idea replaced the idea of natural law in American constitutional tradition. Loss's introduction provides a biographical sketch of Corwin, elaborates and appraises his argument and characterizes Corwin's legacy to the present generation of scholars. Loss shows that far from ending debate, Corwin's essays on political thought and the removal power establish an intellectual agenda for further inquiry into the tenets of constitutional law. In an epilogue Loss deals with Corwin's understanding of Alexander Hamilton's position on the President's removal power, an important topic involving not only presidential prerogative, but the comparative rank of Hamilton's Federalist papers on the presidency and Hamilton's Pacificus letters. Corwin on the Constitution will be of particular interest to judges, historians, law teachers, political scientists, students of constitutional law and American political thought.


The President Who Would Not Be King

Author by : Michael W. McConnell
Languange : en
Publisher by : Princeton University Press
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Description : Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.


Undeclared War

Author by : Edward Keynes
Languange : en
Publisher by : Penn State Press
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Total Read : 85
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Removal From Office

Author by : United States. Department of Justice
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 32
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File Size : 50,6 Mb
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The Silence Of Constitutions Routledge Revivals

Author by : Michael Foley
Languange : en
Publisher by : Routledge
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Total Read : 14
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Description : First published in 1989, Michael’s Foley’s book deals with the ‘abeyances’ present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it. The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the ‘imperial presidency’ episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.


Extraordinary Measures

Author by : Daniel P. Franklin
Languange : en
Publisher by : Pittsburgh, PA : University of Pittsburgh Press
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Description : Franklin (political science, Colgate U.) wonders how long the US Constitution can last if more of it gets chipped away everytime someone declares an emergency. Describes the powers assumed by all three branches of government, the justifications for them, and their possible effect on freedom and security. Annotation copyrighted by Book News, Inc., Portland, OR


War Powers Resolution

Author by : Norine P Fitzsimmons
Languange : en
Publisher by : Unknown
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Description : "This paper's focus is the 1973 War Powers Resolution enacted by the US Congress in response to the escalation of the Vietnam War and bombings in Cambodia. The War Powers Resolution requires the president to consult with Congress "in every possible instance" before deploying the military in hostilities, to notify Congress of troop commitments within 48 hours of deployment and to end military action within 60 days unless Congress declares war or grants an extension to US armed forces. The division of power, but most notably shared powers, to determine United States foreign policy has created inherent conflicts. The Framers of the US Constitution under Article I, Section 8, gave Congress the sole power to "declare war" and under Article II, Section 2, made the President "Commander-in-Chief of the Army and Navy of the United States." The shared war-making powers between the executive and legislative branches have led to various disagreements over military authority. Presidents often cite Article II, Section 2 of the Constitution as their authority to send soldiers into combat. Throughout history presidents have asserted what has been termed 'presidential prerogative.' This prerogative reached its pinnacle when President Harry Truman, shielded within the United Nations Security Council, bypassed Congress to go to 'war' in Korea. Since this turning point, presidential war- making power has expanded. The enactment of the 1973 War Powers Resolution has done little to curb the executive branch instead it has created unintended consequences. This paper will explore the shared war-making powers within the executive and legislative branches, the progressive expansion of the presidential prerogative 'paradigm shift' since 1945, the War 4 Powers Resolution, and finally how the United States is grappling with war powers within the 21st century context."--Abstract.


The Presidency In The Constitutional Order

Author by : Joseph M. Bessette
Languange : en
Publisher by : Routledge
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Total Read : 53
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Description : This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces the foundations that underlie contemporary issues, including the famous James Madison-Alexander Hamilton debate over the powers of the presidency. Contemporary political and scholarly controversies, which are the subjects of Part Two, include the constitutionality of the War Powers Resolution of 1973, the legislative veto, executive privilege and secrecy, the character of the presidency, presidential selection, and the nature of executive power. The essays in The Presidency in the Constitutional Order represent some of the most cogent thought available about the highest elected office in America, and the themes of the volume continue to be timely and provocative.


The Unitary Presidency

Author by : Graham G. Dodds
Languange : en
Publisher by : Routledge
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Total Read : 17
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Description : The theory of the unitary executive is one of the most controversial and significant constitutional doctrines of the past several decades. It holds that the U.S. president alone embodies all executive power and therefore has unlimited ability to direct the many people and institutions within the federal government’s vast executive branch. It thus justifies the president’s prerogative to organize the executive branch and to direct its activities, to tell executive personnel what to do and to fire them if desired, to control the flow of information, and to issue signing statements that make judgments about constitutionality and determine the extent to which laws will be implemented. In some versions, it also endorses implied or inherent powers and permits the president to completely control foreign policy and military action. Proponents say this conception of the presidential office is faithful to the Constitution, facilitates the sort of energetic executive that Alexander Hamilton argued for, and enhances administrative efficacy and political accountability for governance. Critics say this arrangement is constitutionally inaccurate, is belied by historical practice and legal precedents, and is dangerously close to the monarchical power that provoked the American Revolution – and can be especially threatening in the era of Donald Trump. This book examines how controversies about unitary executive power have played out from the founding era to the present day with a focus on recent presidents, it explores arguments both for and against the unitary executive theory, and it looks ahead to future implications for American politics.


The Constitution And National Security

Author by : Howard E. Shuman
Languange : en
Publisher by : The Minerva Group, Inc.
Format Available : PDF, ePub, Mobi
Total Read : 92
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Description : The founders of our republic were determined to establish a government that protected the rights of the individual within a free society, a system that improved upon European designs. Newly independent, the Americans formed a government under the Articles of Confederation. As a loose confederation of states, however, the growing nation had a weak national voice and little international status. After only ten years under this system, the states recognized the need for more national power and drafted the U. S. Constitution.The goal, again, was to protect the individual's natural rights through the creation of an energetic national government. Thus the U. S. Constitution was written, with compromises, and submitted to the people for their ratification. After vigorous public debate, this document became the fundamental law of the land.The Constitution has endured with few additional amendments for more than two centuries - but not without continuing debate. In this newest contribution to the writings of constitutional scholars, papers address the President's war powers, the role of Congress in foreign policy, and other questions of interpreting the Constitution in the modern era. These current issues have at their core the same fundamental questions that animated debate during the Constitutional Convention in 1787: how best to protect society while guarding the rights of the individual, how best to give sufficient power to the executive while guarding against abuse of power. But even as we debate, we celebrate our Constitution, a document forged of ingrained American beliefs that our republic can be secured and the rights of the individual safeguarded. Vice Admiral J. A. Baldwin, United States Navy President, National Defense University


The Imperial Presidency And The Constitution

Author by : Gary Schmitt
Languange : en
Publisher by : Rowman & Littlefield
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Description : The Imperial Presidency and the Constitution examines presidential power 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 War Power In An Age Of Terrorism

Author by : Michael A. Genovese
Languange : en
Publisher by : Springer
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Total Read : 58
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Description : This book features a lively debate between two prominent scholars—Michael A. Genovese and David Gray Adler—on the critical issue of whether the Constitution, written in the 18th Century, remains adequate to the national security challenges of our time. The question of the scope of the president’s constitutional authority—if any—to initiate war on behalf of the American people, long the subject of heated debate in the corridors of power and the groves of academe, has become an issue of surpassing importance for a nation confronted by existential threats in an Age of Terrorism. This question should be thoroughly reviewed and debated by members of Congress, and considered by all Americans before they are asked to go to war. If the constitutional allocation of powers on matters of war and peace is outdated, what changes should be made? Is there a need to increase presidential power? What role should Congress play in the war on terror?


Of Presidential Prerogative

Author by : Edward Samuel Corwin
Languange : en
Publisher by : Unknown
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Reclaiming Accountability

Author by : Heidi Kitrosser
Languange : en
Publisher by : University of Chicago Press
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Total Read : 53
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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.


American Presidential Power And The War On Terror Does The Constitution Matter

Author by : Justin DePlato
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 53
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Description : This book examines the use of presidential power during the War on Terror. Justin DePlato joins the debate on whether the Constitution matters in determining how each branch of the federal government should use its power to combat the War on Terror. The actions and words of Presidents George W. Bush and Barack Obama are examined. DePlato's findings support the theory that executives use their own prerogative in determining what emergency powers are and how to use them. According to DePlato, the Presidents argue that their powers are implied in Article II of the Constitution, not expressed. This conclusion renders the Constitution meaningless in times of crisis. The author reveals that Presidents are becoming increasingly cavalier and that the nation should consider adopting an amendment to the Constitution to proffer expressed executive emergency powers.


The Unitary Executive And The Modern Presidency

Author by : Ryan J. Barilleaux
Languange : en
Publisher by : Texas A&M University Press
Format Available : PDF, ePub, Mobi
Total Read : 71
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Description : During his first term in office, Pres. George W. Bush made reference to the "unitary executive" ninety-five times, as part of signing statements, proclamations, and executive orders. Pres. Barack Obama's actions continue to make issues of executive power as timely as ever. Unitary executive theory stems from interpretation of the constitutional assertion that the president is vested with the "executive power" of the United States. In this groundbreaking collection of studies, eleven presidential scholars examine for the first time the origins, development, use, and future of this theory. The Unitary Executive and the Modern Presidency examines how the unitary executive theory became a recognized constitutional theory of presidential authority, how it has evolved, how it has been employed by presidents of both parties, and how its use has affected and been affected by U.S. politics. This book also examines the constitutional, political, and even psychological impact of the last thirty years of turmoil in the executive branch and the ways that controversy has altered both the exercise and the public’s view of presidential power.


Presidential Power

Author by : Martin S. Sheffer
Languange : en
Publisher by : University Press of Amer
Format Available : PDF, ePub, Mobi
Total Read : 92
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Description : To find more information on Rowman & Littlefield titles, please visit us at www.rowmanlittlefield.com.


The Presidency

Author by : Richard M. Pious
Languange : en
Publisher by : Allyn & Bacon
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 185
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Description : Placing stress on how constitutional and public law has shaped the presidency, this work looks at the ways presidents wield power in the face of uncertain constitutional authority and public demands. Each chapter begins with a case study of historical or contemporary relevance to the topic at hand.


The Judicial Development Of Presidential War Powers

Author by : Martin S. Sheffer
Languange : en
Publisher by : Praeger Pub Text
Format Available : PDF, ePub, Mobi
Total Read : 81
Total Download : 827
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Description : Examines the continuing constitutional problems of the rise and expansion of presidential warmaking power.


The Discretionary President

Author by : Benjamin A. Kleinerman
Languange : en
Publisher by : Unknown
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Total Read : 18
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Description : Examines both the peril and the promise of presidential power to clarify that what can destroy our Constitution can--if the threat is dire--also save it. An unusually balanced study that argues for a middle path whereby presidents choose consciously to act temporarily outside or even against the laws in serving the nation's best interest.


American Foreign Policy

Author by : Jay F. Donaldson
Languange : en
Publisher by : Unknown
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Total Read : 51
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Unchecked And Unbalanced

Author by : Schwarz O.
Languange : en
Publisher by : The New Press
Format Available : PDF, ePub, Mobi
Total Read : 37
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Description : Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.


Policy By Other Means

Author by : Steven A. Shull
Languange : en
Publisher by : Texas A&M University Press
Format Available : PDF, ePub, Mobi
Total Read : 68
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Description : Under the U.S. Constitution, Congress bears responsibility for establishing national policy through legislation, but in recent years that power has often been eclipsed by presidents adopting public policy by other means. Steven A. Shull offers a systematic study of the relative importance of four tools presidents use to create policy without going through Congress: budgeting, executive orders, executive agreements, and commitment of troops. Using both statistical analyses of recent presidents= use of alternative policy means and case studies of each tool, Shull investigates the factors that affect whether and when the chief executive becomes, in effect, the chief policy maker, budgeter, or diplomat. He examines individual, institutional, and environmental variables, as well as several controls that may influence the choice of unilateral or alternative policy actions. Shull’s quantitative analyses help to illustrate not only the trends over time in the independent actions of presidents but also the complexity of the factors that influence those trends. His data and statistical techniques point toward confirmation of some hypotheses that have been held about the exercise of presidential powers and the disproof of others. Shull demonstrates the usefulness of applying quantitative methods, informed by theory and the literature, to the study of the office. Scholars of the presidency, of executive-legislative relations, and of public policy will gain important insight into previously under-studied aspects of presidential power from Shull=s careful analysis of unilateral and other alternative policy adoption.


Studies On Presidential Power In Foreign Relations

Author by : Law Library of Congress
Languange : en
Publisher by : CreateSpace
Format Available : PDF, ePub, Mobi
Total Read : 22
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Description : The Executive Branch relies in part on the “sole organ” doctrine to define presidential power broadly in foreign relations and national security, including assertions of an inherent executive power that is not subject to legislative or judicial constraints. The doctrine draws from a statement by John Marshall when he served in the House of Representatives in 1800: “The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.” The Supreme Court, in United States v. Curtiss-Wright (1936), cited Marshall's speech in arguing for inherent presidential powers in external relations. When read in context, however, Marshall's speech does not support an independent, extra-constitutional or exclusive power of the President in foreign relations. The concept of an Executive having sole power over foreign relations borrows from other sources, including the British model of a royal prerogative.


War Powers Of The President And Congress

Author by : W. Taylor Reveley
Languange : en
Publisher by : Charlottesville : University Press of Virginia
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Total Read : 30
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Description : Discussing what war powers involve and which branch of government should control them, Reverly grapples with the full historical, political and legal complexities of this matter. He identifies the issues that must be considered, given the division of power between the President and Congress and analyzes the four main factors that shape this division -- the text of the Constitution, the purposes of its framers and ratifiers, evolving beliefs about what the Constitution requires and the various divisions of power that have existed between the President and Congress over the past two centuries. Also makes recommendations to achieve a coherent, consistent and workable war-powers policy, without endangering national security or violating the Constitution.


The Politics Of The Presidency

Author by : Joseph A. Pika
Languange : en
Publisher by : CQ Press
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 232
File Size : 48,7 Mb
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Description : The most up-to-date coverage and analysis of the presidency Never losing sight of the foundations of the political office, The Politics of the Presidency maintains a balance between historical context and contemporary scholarship on the executive branch, providing a solid foundation for any presidency course. In the highly anticipated Tenth Edition of this bestseller, Pika, Maltese, and Rudalevige thoroughly analyze the change and continuity in the presidency during President Trump′s first term, his relations with Congress and the judiciary, the outcomes of the 2018 midterm election, and the competitive setting for the 2020 presidential race.