Download or read book Contested Ground written by Dan A. Farber and published by Univ of California Press. This book was released on 2021-10-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet the same rules must apply to all presidents, those whose abuses of power we fear as well as those whose exercises of power we applaud. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"--
Download or read book The Limits of Presidential Power written by Lisa Manheim and published by Manheim & Watts, LLC. This book was released on 2018-01-10 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.
Download or read book Emergency Presidential Power written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2013-12-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
Download or read book Truman and the Steel Seizure Case written by Maeva Marcus and published by Duke University Press. This book was released on 1994 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Although there have been some other articles and books on the "Youngstown" case, this book remains definitive. The author handles a variety of materials exceedingly well, and shows great sensitivity not only to the legal issues involved, but to the political ones as well. It is a model case study."--Melvin I. Urofsky, Virginia Commonwealth University
Download or read book By Executive Order written by Andrew Rudalevige and published by Princeton University Press. This book was released on 2021-04-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the executive branch—not the president alone—formulates executive orders, and how this process constrains the chief executive's ability to act unilaterally The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. By Executive Order provides the first comprehensive look at how presidential directives are written—and by whom. In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today—as well as more than two hundred others negotiated but never issued—shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, By Executive Order reveals how the executive branch holds the power to both enact and constrain the president’s will.
Download or read book After Trump written by Bob Bauer and published by Lawfare Press. This book was released on 2020-09-15 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In After Trump: Reconstructing the Presidency, Bob Bauer and Jack Goldsmith provide a comprehensive roadmap for reform of the presidency in the post-Trump era. In fourteen chapters they offer more than fifty concrete proposals concerning presidential conflicts of interest, foreign influence on elections, pardon power abuse, assaults on the press, law enforcement independence, Special Counsel procedures, FBI investigations of presidents and presidential campaigns, the role of the White House Counsel, war powers, control of nuclear weapons, executive branch vacancies, domestic emergency powers, how one administration should examine possible crimes by the president of a prior administration, and more. Each set of reform proposals is preceded by rich descriptions of relevant presidential history, and relevant background law and norms, that place the proposed reforms in context. All of the proposals are prefaced by a chapter that explains how Trump--and, in some cases, his predecessors--conducted the presidency in ways that justify these reforms. After Trump will thus be essential reading for the coming debate on how to reconstruct the laws and norms that constitute and govern the world's most powerful office. It's hard to imagine two better co-authors for the task. Both served in senior executive branch positions-in the administrations of Barack Obama and George W. Bush, respectively-and have written widely on the presidency. Bob Bauer served from 2010-2011 as White House Counsel to President Barack Obama, who in 2013 named Bauer to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of its Legislative and Regulatory Process Clinic. Jack Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Senior Fellow at the Hoover Institution. Together, in this book, they set the terms for the national discussion to come about the presidency, its powers, and its limits.
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 President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
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 Presidential Misconduct written by James M. Banner Jr. and published by The New Press. This book was released on 2019-07-02 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named a best book of the year by The Economist and Foreign Affairs "A whole book devoted exclusively to the misconduct of American presidents and their responses to charges of misconduct is without precedent." —from the introduction to the 1974 edition by C. Vann Woodward, Pulitzer Prize–winning Yale historian The historic 1974 report for the House Committee on the Judiciary, updated for today by leading presidential historians In May 1974, as President Richard Nixon faced impeachment following the Watergate scandal, the House Judiciary Committee commissioned a historical account of the misdeeds of past presidents. The account, compiled by leading presidential historians of the day, reached back to George Washington's administration and was designed to provide a benchmark against which Nixon's misdeeds could be measured. What the report found was that, with the exception of William Henry Harrison (who served less than a month), every American president has been accused of misconduct: James Buchanan was charged with rigging the election of 1856; Ulysses S. Grant was reprimanded for not firing his corrupt staffer, Orville Babcock, in the "Whiskey Ring" bribery scandal; and Franklin D. Roosevelt's administration faced repeated charges of malfeasance in the Works Progress Administration. Now, as another president and his subordinates face an array of charges on a wide range of legal and constitutional offenses, a group of presidential historians has come together under the leadership of James M. Banner, Jr.—one of the historians who contributed to the original report—to bring the 1974 account up to date through Barack Obama's presidency. Based on current scholarship, this new material covers such well-known episodes as Nixon's Watergate crisis, Reagan's Iran-Contra scandal, Clinton's impeachment, and George W. Bush's connection to the exposure of intelligence secrets. But oft-forgotten events also take the stage: Carter's troubles with advisor Bert Lance, Reagan's savings and loan crisis, George H.W. Bush's nomination of Clarence Thomas to the Supreme Court, and Obama's Solyndra loan controversy. The only comprehensive study of American presidents' misconduct and the ways in which chief executives and members of their official families have responded to the charges brought against them, this new edition is designed to serve the same purpose as the original 1974 report: to provide the historical context and metric against which the actions of the current administration may be assessed.
Download or read book Presidential Term Limits in American History written by Michael J. Korzi and published by Texas A&M University Press. This book was released on 2013-03-28 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative historical study of the longstanding debate over executive term limits in American politics . . . By successfully seeking a third term in 1940, Franklin D. Roosevelt shattered a tradition that was as old as the American republic. The longstanding yet controversial two-term tradition reflected serious tensions in American political values. In Presidential Term Limits in American History, Michael J. Korzi recounts the history of the two-term tradition as well as the “perfect storm” that enabled Roosevelt to break with that tradition. He also shows that Roosevelt and his close supporters made critical errors of judgment in 1943-44, particularly in seeking a fourth term against long odds that the ill president would survive it. Korzi’s analysis offers a strong challenge to Roosevelt biographers who have generally whitewashed this aspect of his presidency and decision making. The case of Roosevelt points to both the drawbacks and the benefits of presidential term limits. Furthermore, Korzi’s extended consideration of the seldom-studied Twenty-second Amendment and its passage reveals not only vindictive and political motivations (it was unanimously supported by Republicans), but also a sincere distrust of executive power that dates back to America’s colonial and constitutional periods.
Download or read book The President Who Would Not Be King written by Michael W. McConnell and published by Princeton University Press. This book was released on 2020-11-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Executive Privilege written by Mark J. Rozell and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth history and analysis of executive privilege from President Nixon to President Obama, and its relation to the proper scope and limits of presidential power.
Download or read book The Steel Seizure Case Proceedings in District Court and Court of Appeals written by Charles Sawyer and published by . This book was released on 1952 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Power Wars written by Charlie Savage and published by Little, Brown. This book was released on 2015-11-03 with total page 1067 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.
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.
