Download or read book Democracy in Times of Pandemic written by Miguel Poiares Maduro and published by Cambridge University Press. This book was released on 2020-11-12 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the most important democratic challenges of today, using the Covid-19 pandemic as a case study.
Download or read book Executive Overreach in Domestic Affairs written by United States. Congress. House. Committee on the Judiciary. Executive Overreach Task Force and published by . This book was released on 2016 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of the Highest Courts of the United States of America and South Africa and the European Court of Justice in Foreign Affairs written by Riaan Eksteen and published by Springer. This book was released on 2019-06-22 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
Download or read book War and the Rogue Presidency written by Ivan Eland and published by Independent Institute. This book was released on 2018-12-01 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Office of the President of the U.S. isn't what it used to be—it has morphed into an overgrown beast. So says presidential scholar Ivan Eland in his landmark new book War and the Rogue Presidency: Restoring the Republic after Congressional Failure. The presidency no longer simply enforces the laws passed by Congress but literally dominates American political life. Its vast bureaucracy is flush with cash and wields powers never authorized by the Framers. But who do we have to thank for this distortion of the Constitution? Congress. The presidency, says Eland, isn't inherently imperial. It's contingently imperial. Particularly when wars loom and Congress refuses to forestall our engagement in them—with inevitable consequences. But wars also lead to massive domestic government interference. In sum, liberals, conservatives, independents—anybody concerned for personal liberties and good governance—should read this pathbreaking book and grapple with its implications.
Download or read book Thinking About the Presidency written by William G. Howell and published by Princeton University Press. This book was released on 2015-03-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the search for power defines the American presidential office All American presidents, past and present, have cared deeply about power—acquiring, protecting, and expanding it. While individual presidents obviously have other concerns, such as shaping policy or building a legacy, the primacy of power considerations—exacerbated by expectations of the presidency and the inadequacy of explicit powers in the Constitution—sets presidents apart from other political actors. Thinking about the Presidency explores presidents' preoccupation with power. Distinguished presidential scholar William Howell looks at the key aspects of executive power—political and constitutional origins, philosophical underpinnings, manifestations in contemporary political life, implications for political reform, and looming influences over the standards to which we hold those individuals elected to America's highest office. Howell shows that an appetite for power may not inform the original motivations of those who seek to become president. Rather, this need is built into the office of the presidency itself—and quickly takes hold of whoever bears the title of Chief Executive. In order to understand the modern presidency, and the degrees to which a president succeeds or fails, the acquisition, protection, and expansion of power in a president's political life must be recognized—in policy tools and legislative strategies, the posture taken before the American public, and the disregard shown to those who would counsel modesty and deference within the White House. Thinking about the Presidency assesses how the search for and defense of presidential powers informs nearly every decision made by the leader of the nation. In a new preface, Howell reflects on presidential power during the presidency of Barack Obama.
Download or read book Power Without Constraint written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2016-05-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a presidential candidate, Barack Obama criticized the George W. Bush administration for its unrestrained actions in matters of national security. In secret Justice Department memos, President Bush’s officials had claimed for the executive branch total authority to use military force in response to threats of terrorism. They set aside laws made by Congress, even criminal laws prohibiting torture and warrantless surveillance. Candidate Obama promised to restore the rule of law and make a clean break with the Bush approach. President Obama has not done so. Why? In a thorough comparison of the Bush and Obama administrations’ national security policies, Chris Edelson demonstrates that President Obama and his officials have used softer rhetoric and toned-down legal arguments, but in key areas—military action, surveillance, and state secrets—they have simply found new ways to assert power without meaningful constitutional or statutory constraints. Edelson contends that this legacy of the two immediately post-9/11 presidencies raises crucial questions for future presidents, Congress, the courts, and American citizens. Where is the political will to restore a balance of powers among branches of government and adherence to the rule of law? What are the limits of authority regarding presidential national security power? Have national security concerns created a permanent shift to unconstrained presidential power?
Download or read book The Powers of War and Peace written by John Yoo and published by University of Chicago Press. This book was released on 2008-09-15 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Download or read book Four Threats written by Suzanne Mettler and published by St. Martin's Press. This book was released on 2020-08-11 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: An urgent, historically-grounded take on the four major factors that undermine American democracy, and what we can do to address them. While many Americans despair of the current state of U.S. politics, most assume that our system of government and democracy itself are invulnerable to decay. Yet when we examine the past, we find that to the contrary, the United States has undergone repeated crises of democracy, from the earliest days of the republic to the present. In The Four Threats, Robert C. Lieberman and Suzanne Mettler explore five historical episodes when democracy in the United States was under siege: the 1790s, the Civil War, the Gilded Age, the Depression, and Watergate. These episodes risked profound, even fatal, damage to the American democratic experiment, and on occasion antidemocratic forces have prevailed. From this history, four distinct characteristics of democratic disruption emerge. Political polarization, racism and nativism, economic inequality, and excessive executive power – alone or in combination – have threatened the survival of the republic, but it has survived, so far. What is unique, and alarming, about the present moment is that all four conditions are present in American politics today. This formidable convergence marks the contemporary era as an especially grave moment for democracy in the United States. But history provides a valuable repository from which contemporary Americans can draw lessons about how democracy was eventually strengthened — or in some cases weakened — in the past. By revisiting how earlier generations of Americans faced threats to the principles enshrined in the Constitution, we can see the promise and the peril that have led us to the present and chart a path toward repairing our civic fabric and renewing democracy.
Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Rivals for Power written by James A. Thurber and published by Rowman & Littlefield. This book was released on 2009 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rivals for Power is a lively description of the power struggle between the president and Congress. In it, leading congressional and presidential scholars and knowledgeable former public officials consider the historical, political, and constitutional foundations of conflict between the two branches. The authors give practical advice about how to build cooperative policymaking between the president and Congress as they struggle over major crises in solving economic problems and addressing domestic issues and the challenges in defense and foreign policy making. The book features original academic research and practitioner knowledge from the White House and the Hill. This fourth edition includes all new essays with unique and critical viewpoints on the role of the president and Congress in the policy making process. Many of the essays focus on lessons learned about cooperation and conflict between the two branches from the Clinton and Bush presidencies. The essays include preliminary analyses of President Barack Obama's relationship with Congress. Because the authors have made major contributions as congressional and presidential scholars, and have played key roles in Congress, in the White House, in the media, and as lobbyists, each chapter presents a different perspective. The new edition of Rivals for Power is intended for students, scholars, public officials, the media, and the general public. Contributions by Gary Andres, Richard S. Conley, Roger H. Davidson, The Honorable Mickey Edwards, Louis Fisher, Patrick Griffin, The Honorable Lee H. Hamilton, Mark J. Oleszek, Walter J. Oleszek, John E. Owens, James P. Pfiffner, Mark J. Rozell, Andrew Rudalevige, Barbara Sinclair, Mitchel A. Sollenberger, James A. Thurber, Stephen J. Wayne, and Joseph White.
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Defender in Chief written by John Yoo and published by Macmillan + ORM. This book was released on 2020-07-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defender in Chief, celebrated constitutional scholar John Yoo makes a provocative case against Donald Trump's alleged disruption of constitutional rules and norms. Donald Trump isn't shredding the Constitution—he's its greatest defender. Ask any liberal—and many moderate conservatives—and they'll tell you that Donald Trump is a threat to the rule of law and the U.S. Constitution. Mainstream media outlets have reported fresh examples of alleged executive overreach or authoritarian White House decisions nearly every day of his presidency. In the 2020 primaries, the candidates have rushed to accuse Trump of destroying our democracy and jeopardizing our nation's very existence. Yoo argues that this charge has things exactly backwards. Far from considering Trump an inherent threat to our nation's founding principles, Yoo convincingly argues that Washington, Jefferson, Madison and Hamilton would have seen Trump as returning to their vision of presidential power, even at his most controversial. It is instead liberal opponents who would overthrow existing constitutional understanding in order to unseat Trump, but in getting their man would inflict permanent damage on the office of the presidency, the most important office in our constitutional system and the world. This provocative and engaging work is a compelling defense of an embattled president's ideas and actions.
Download or read book Presidential Leadership and the Creation of the American Era written by Joseph S. Nye Jr. and published by Princeton University Press. This book was released on 2014-08-31 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: How presidents forged the American century This book examines the foreign policy decisions of the presidents who presided over the most critical phases of America's rise to world primacy in the twentieth century, and assesses the effectiveness and ethics of their choices. Joseph Nye, who was ranked as one of Foreign Policy magazine’s 100 Top Global Thinkers, reveals how some presidents tried with varying success to forge a new international order while others sought to manage America’s existing position. The book shows how transformational presidents like Wilson and Reagan changed how America sees the world, but argues that transactional presidents like Eisenhower and the elder Bush were sometimes more effective and ethical. It also draws important lessons for today’s uncertain world, in which presidential decision making is more critical than ever.
Download or read book Treaties in Parliaments and Courts written by Felix Lange and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlighting the close relationship between foreign relations law and international law, this impressive book places parliament and domestic courtsÕ engagement with treaties at the heart of its inquiry. It presents a timely assessment of the impact that different rules of constitutional law have on parliamentary and judicial approaches to treaties in four different states (Germany, India, South Africa and the US), thereby incorporating valuable comparative dimensions.
Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
