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Author: Saikrishna Bangalore Prakash
Publisher: Harvard University Press
ISBN: 0674245210
Category : Political Science
Languages : en
Pages : 353
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Book Description
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.
Author: Saikrishna Bangalore Prakash
Publisher: Harvard University Press
ISBN: 0674245210
Category : Political Science
Languages : en
Pages : 353
Get Book Here
Book Description
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.
Author: Saikrishna Bangalore Prakash
Publisher: Belknap Press
ISBN: 0674987985
Category : Political Science
Languages : en
Pages : 353
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Book Description
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.
Author: Saikrishna Bangalore Prakash
Publisher:
ISBN: 9780674245303
Category : POLITICAL SCIENCE
Languages : en
Pages : 337
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Book Description
"Beloved by liberals, the living Constitution evolves with the times. But one downside has been the erosion of constitutional constraints on executive action. Saikrishna Prakash argues that if we want to rein in this imperial, living presidency, we must embrace constitutional originalism and revive the framers' vision of the separation of powers"--
Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 0393083519
Category : Political Science
Languages : en
Pages : 337
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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.
Author: Arthur Meier Schlesinger
Publisher: Houghton Mifflin Harcourt
ISBN: 9780618420018
Category : Executive power
Languages : en
Pages : 630
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Book Description
Publisher Description
Author: Michael Nelson
Publisher: University of Virginia Press
ISBN: 0813946069
Category : History
Languages : en
Pages : 385
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Book Description
Following the election of Donald Trump, the office of the U.S. president has come under scrutiny like never before. Featuring penetrating insights from high-profile presidential scholars, The Presidency provides the deep historical and constitutional context needed to put the Trump era into its proper perspective. Identifying key points at which the constitutional presidency could have evolved in different ways from the nation’s founding days to the present, these scholars examine presidential decisions that determined the direction of the nation and the world. Contributors Bradley R. DeWees, U.S. Air Force * Richard J. Ellis, Willamette University * Stefanie Georgakis Abbott, University of Virginia * Joel K. Goldstein, Saint Louis University * Jennifer Lawless, University of Virginia * Sidney M. Milkis, University of Virginia * Sairkrishna Bangalore Prakash, University of Virginia * Russell L. Riley, University of Virginia * Andrew Rudalevige, Bowdoin College * Sean Theriault, University of Texas at Austin
Author: Andrew Rudalevige
Publisher: University of Michigan Press
ISBN: 0472021389
Category : Political Science
Languages : en
Pages : 375
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Book Description
Has the imperial presidency returned? "Well written and, while indispensable for college courses, should appeal beyond academic audiences to anyone interested in how well we govern ourselves. . . . I cannot help regarding it as a grand sequel for my own The Imperial Presidency." ---Arthur Schlesinger, Jr. Has the imperial presidency returned? This question has been on the minds of many contemporary political observers, as recent American administrations have aimed to consolidate power. In The New Imperial Presidency, Andrew Rudalevige suggests that the congressional framework meant to advise and constrain presidential conduct since Watergate has slowly eroded. Rudalevige describes the evolution of executive power in our separated system of governance. He discusses the abuse of power that prompted what he calls the "resurgence regime" against the imperial presidency and inquires as to how and why---over the three decades that followed Watergate---presidents have regained their standing. Chief executives have always sought to interpret constitutional powers broadly. The ambitious president can choose from an array of strategies for pushing against congressional authority; finding scant resistance, he will attempt to expand executive control. Rudalevige's important and timely work reminds us that the freedoms secured by our system of checks and balances do not proceed automatically but depend on the exertions of public servants and the citizens they serve. His story confirms the importance of the "living Constitution," a tradition of historical experiences overlaying the text of the Constitution itself.
Author: Ken Gormley
Publisher: NYU Press
ISBN: 1479839906
Category : Biography & Autobiography
Languages : en
Pages : 711
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Book Description
Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.
Author: Elvin T. Lim
Publisher: Oxford University Press
ISBN: 0199711615
Category : Political Science
Languages : en
Pages : 197
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Book Description
Why has it been so long since an American president has effectively and consistently presented well-crafted, intellectually substantive arguments to the American public? Why have presidential utterances fallen from the rousing speeches of Lincoln, Teddy Roosevelt, Wilson, and FDR to a series of robotic repetitions of talking points and sixty-second soundbites, largely designed to obfuscate rather than illuminate? In The Anti-Intellectual Presidency, Elvin Lim draws on interviews with more than 40 presidential speechwriters to investigate this relentless qualitative decline, over the course of 200 years, in our presidents' ability to communicate with the public. Lim argues that the ever-increasing pressure for presidents to manage public opinion and perception has created a "pathology of vacuous rhetoric and imagery" where gesture and appearance matter more than accomplishment and fact. Lim tracks the campaign to simplify presidential discourse through presidential and speechwriting decisions made from the Truman to the present administration, explaining how and why presidents have embraced anti-intellectualism and vague platitudes as a public relations strategy. Lim sees this anti-intellectual stance as a deliberate choice rather than a reflection of presidents' intellectual limitations. Only the smart, he suggests, know how to dumb down. The result, he shows, is a dangerous debasement of our political discourse and a quality of rhetoric which has been described, charitably, as "a linguistic struggle" and, perhaps more accurately, as "dogs barking idiotically through endless nights." Sharply written and incisively argued, The Anti-Intellectual Presidency sheds new light on the murky depths of presidential oratory, illuminating both the causes and consequences of this substantive impoverishment.
Author: Marvin Kalb
Publisher: Brookings Institution Press
ISBN: 0815721323
Category : History
Languages : en
Pages : 371
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Book Description
The United States had never lost a war—that is, until 1975, when it was forced to flee Saigon in humiliation after losing to what Lyndon Johnson called a "raggedy-ass little fourth-rate country." The legacy of this first defeat has haunted every president since, especially on the decision of whether to put "boots on the ground" and commit troops to war. In Haunting Legacy, the father-daughter journalist team of Marvin Kalb and Deborah Kalb presents a compelling, accessible, and hugely important history of presidential decisionmaking on one crucial issue: in light of the Vietnam debacle, under what circumstances should the United States go to war? The sobering lesson of Vietnam is that the United States is not invincible—it can lose a war—and thus it must be more discriminating about the use of American power. Every president has faced the ghosts of Vietnam in his own way, though each has been wary of being sucked into another unpopular war. Ford (during the Mayaguez crisis) and both Bushes (Persian Gulf, Iraq, Afghanistan) deployed massive force, as if to say, "Vietnam, be damned." On the other hand, Carter, Clinton, and Reagan (to the surprise of many) acted with extreme caution, mindful of the Vietnam experience. Obama has also wrestled with the Vietnam legacy, using doses of American firepower in Libya while still engaged in Iraq and Afghanistan. The authors spent five years interviewing hundreds of officials from every post war administration and conducting extensive research in presidential libraries and archives, and they've produced insight and information never before published. Equal parts taut history, revealing biography, and cautionary tale, Haunting Legacy is must reading for anyone trying to understand the power of the past to influence war-and-peace decisions of the present, and of the future.
