Author: Jessica Korn
Publisher: Princeton University Press
ISBN: 9780691058566
Category : Law
Languages : en
Pages : 196
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Book Description
Author Jessica Korn challenges the notion that the 18th-century principles underlying the American separation of powers system are incompatible with the demands of 20th-century governance by questioning the dominant scholarship on the legislative veto. Korn's analysis shows that commentators have exaggerated the legislative veto's significance as a result of their incorrect assumption that the separation of powers was designed solely to check governmental authority.
Author: Joseph Story
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 800
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure
Publisher:
ISBN:
Category : Administrative procedure
Languages : en
Pages : 222
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Book Description
Author: Louis Fisher
Publisher:
ISBN:
Category : History
Languages : en
Pages : 308
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Book Description
Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : Law
Languages : en
Pages : 193
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Book Description
In The Collapse of Constitutional Remedies, Aziz Z. Huq examines what happens when our constitutional rights are violated. Many people think that federal courts will step in then and provide a remedy. But for most people, and especially for the vulnerable in our society, they won't lift a finger. As Huq argues, the powerful often get quicker access to the courts and more fulsome judicial review, which shows a break from the way in which the courts were originally designed. This book shows the deep ironies of judicial independence and charts a part of getting free of its most baleful effects.
Author: Louis Fisher
Publisher: University Press of Kansas
ISBN: 0700619984
Category : Political Science
Languages : en
Pages : 384
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Book Description
Over three decades after its initial publication, Louis Fisher’s durable classic remains at the head of its class—a book that Congressional Quarterly called “as close to being indispensable as anything published in this field.” This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton’s impeachment battles to the recent controversies over President Bush’s conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. The new edition covers for the first time: * Obama’s military decisions in Afghanistan and Iraq * Military operations against Libya in 2011 * Threatened attacks on Syria in 2013 * Efforts to close Guantánamo * Obama’s recess appointments during a pro forma session * “Fast and Furious” scandal: Holder’s contempt and Obama’s executive privilege * The growth of presidential “czars” * Executive branch secrecy and lack of accountability * State Secrets Privilege after 9/11 * Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) * Pocket vetoes and the growth of “hybrid vetoes” * New developments in the President’s removal power
Author: Louis Fisher
Publisher: Princeton University Press
ISBN: 1400868343
Category : Political Science
Languages : en
Pages : 361
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Book Description
Each year billions of dollars are diverted by the President and his assistants from the purposes for which Congress intended them. Billions more are used in confidential and covert ways, without the knowledge of Congress and the public. Here is the first account of how this money is actually spent. Louis Fisher writes: "When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. We fix upon the appropriations process, watching with great fascination as Congress goes about its business of making funds available to agencies. What happens after that point —the actual spending of money—rarely commands our attention." To unravel the mystery, Louis Fisher has investigated different forms of discretionary action: the transfer of funds that initially financed the Cambodian incursion; impoundment during the Nixon administration; covert financing; the reprogramming of funds; and unauthorized commitments. He describes each of these devices in operation and provides the historical background of Presidential spending power. In conclusion Louis Fisher presents a cogent and timely analysis of what can be done to improve Congressional control. Sufficient control, he maintains, cannot be achieved merely through the appropriations process, and he makes important recommendations designed to preserve discretionary authority while improving Congressional supervision. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Abner J. Mikva
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 1144
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Book Description
Once again, expert authors Mikva and Lane draw on their considerable experience to explore and explain the legislative institutions and processes of the United States. Legislative Process, Second Edition, offers a current and comprehensive examination about the realities of how law is made. Here are just a few reasons why so many of your colleagues choose this distinctive casebook: extraordinary authorship, Abner J. Mikva is a former Chief Judge of the United States Court of Appeals, a five-term Congressman, and Counsel To The President during the Clinton Administration. Eric Lane has extensive experience with both state and local legislatures effective use of primary materials, including bills and statutes, committee reports and debates, legislative rules, Constitutional provisions and legislative authorities, and cases practical and process-oriented approach shows students what happens, plus how it happens, step-by-step historical focus gives context To The topics and perspective to current legislative enactments a statutory paperback from the same authors is also available Completely revised for its Second Edition, The casebook now covers: new limits to Congress' commerce clause power an enhanced discussion of what documents evidence the enactment of statutory law the continuing debate over statutory construction the end of the term limit movement the New Lobbying Disclosure Act and campaign finance proposals equal protection jurisprudence to limit the reach of the Voting Rights Act of 1965 major new cases US v. Morrison (Violence Against Women Act), Hunt v. Cromartie (voting rights), US Term Limits v. Thornton and Cook v. Gralike (congressional term limits), Colorado Federal Campaign Committee cases (limits on First Amendment), and Clinton v. New York (balanced budget bill)
Author: Louis Henkin
Publisher: W. W. Norton
ISBN:
Category : Constitutional law
Languages : en
Pages : 588
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Book Description
Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377
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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
