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Author: Joseph M. Bessette
Publisher: Routledge
ISBN: 1351476521
Category : Political Science
Languages : en
Pages : 509
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Book 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.
Author: Joseph M. Bessette
Publisher: Routledge
ISBN: 1351476521
Category : Political Science
Languages : en
Pages : 509
Get Book Here
Book 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.
Author: Joseph M. Bessette
Publisher: Johns Hopkins University Press
ISBN: 9780801892950
Category : Political Science
Languages : en
Pages : 0
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Book Description
Since 1981, when Joseph M. Bessette and Jeffrey K. Tulis first published The Presidency in the Constitutional Order, the study of the constitutional powers of the presidency has advanced considerably. Bessette and Tulis continue the conversation almost 30 years later, presenting original research on the most significant issues regarding presidential power and the Constitution. After introducing and identifying the main approaches to the study of the constitutional presidency and the nature of executive power, Bessette and Tulis, along with other constitutional scholars, cover a wide range of topics. These include the logic and meaning of Article II of the Constitution; the constitutional and political debate over Washington’s Proclamation of Neutrality of 1793; the contribution of Theodore Roosevelt and William Howard Taft to the constitutional foundations of the modern presidency; the controversy over the presidential election of 2000 and the Supreme Court’s decision in Bush v. Gore; military tribunals and the war on terrorism; executive orders; growing presidential influence over the budgeting process; executive privilege; impeachment; and demagoguery in democratic regimes. The book conjoins political and legal modes of analysis and shows how constitutional interpretation is indispensable to an adequate description of political behavior and serves as the source of standards for evaluating presidential conduct. The contributors offer new and distinctive arguments, especially in light of the renewed debate over executive power during the George W. Bush administration.
Author: Michael Nelson
Publisher: University of Virginia Press
ISBN: 0813946069
Category : History
Languages : en
Pages : 406
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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: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400825555
Category : Law
Languages : en
Pages : 277
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Book Description
In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Author: Jeremy D. Bailey
Publisher: University Press of Kansas
ISBN: 0700628150
Category : Political Science
Languages : en
Pages : 272
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Book Description
Does the president represent the entire nation? Or does he speak for core partisans and narrow constituencies? The Federalist Papers, the electoral college, history and circumstance from the founders’ time to our own: all factor in theories of presidential representation, again and again lending themselves to different interpretations. This back-and-forth, Jeremy D. Bailey contends, is a critical feature, not a flaw, in American politics. Arriving at a moment of great debate over the nature and exercise of executive power, Bailey’s history offers an invaluable, remarkably relevant analysis of the intellectual underpinnings, political usefulness, and practical merits of contending ideas of presidential representation over time. Among scholars, a common reading of political history holds that the founders, aware of the dangers of demagogy, created a singularly powerful presidency that would serve as a check on the people’s representatives in Congress; then, this theory goes, the Progressives, impatient with such a counter-majoritarian approach, reformed the presidency to better reflect the people’s will—and, they reasoned, advance the public good. The Idea of Presidential Representation challenges this consensus, offering a more nuanced view of the shifting relationship between the president and the American people. Implicit in this pattern, Bailey tells us, is another equivocal relationship—that between law and public opinion as the basis for executive power in republican constitutionalism. Tracing these contending ideas from the framers time to our own, his book provides both a history and a much-needed context for our understanding of presidential representation in light of the modern presidency. In The Idea of Presidential Representation Bailey gives us a new and useful sense of an enduring and necessary feature of our politics.
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: David Rudenstine
Publisher: Oxford University Press
ISBN: 0199381488
Category : Law
Languages : en
Pages : 345
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Book Description
The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
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: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Jiang Qing
Publisher: Princeton University Press
ISBN: 0691173575
Category : Philosophy
Languages : en
Pages : 267
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Book Description
English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.
