Download or read book The Cavalier Presidency written by Justin P. DePlato and published by Lexington Books. This book was released on 2014-02-14 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Justin DePlato examines and analyzes the reasons and justifications for, as well as instances of, executive emergency power in political thought and action. The book begins by analyzing the theory of executive emergency power across a wide breadth of philosophical history, from Ancient Greek, Renaissance, through modern American political thought. This analysis indicates that in political philosophy two models exist for determining and using executive emergency power: an unfettered executive prerogative or a constitutional dictatorship. The modern American approach to executive emergency power is an unfettered executive prerogative, whereby the executive determines what emergency power is and how to use it. The book addresses the fundamental question of whether executive power in times of crisis may be unfettered and discretionary or rather does the law define and restrain executive emergency power. The author reviews and analyzes seven U.S. presidencies that handled a domestic crisis—Washington, Jefferson, Madison, Jackson, Lincoln, G. W. Bush, and Obama—to show that presidents become extraordinarily powerful during crises and act unilaterally without oversight. The use of executive emergency power undermines the normal processes of democratic republicanism and harms the rule of law. The author analyzes the U.S. Constitution, formerly classified Department of Justice Memos, primary sourced letters, signing statements, executive orders, presidential decrees, and original founding documents to comprehensively conclude that presidential prerogative determines what emergency powers are and how they are to be executed. This book challenges the claim that presidents determine their emergency power with appropriate congressional oversight or consultation. The analysis of the empirical data indicates that presidents do not consult with Congress prior to determining what their emergency powers are and how the president wants to use them. Justin DePlato joins the highly contentious debate over the use of executive power during crisis and offers a sharp argument against an ever-growing centralized and unchecked federal power. He argues that presidents are becoming increasingly reckless when determining and using power during crisis, often times acting unconstitutional.
Download or read book Executive Privilege written by Mark J. Rozell and published by . This book was released on 2002 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mark Rozell's Executive Privilege has provided for the past decade an in-depth review of the historical exercise of executive privilege and an analysis of the proper scope and limits of presidential power. Now Rozell has updated this important work to cover two new presidents, Bill Clinton and George W. Bush, and show how both have revived the national debate over executive privilege. Book jacket.
Download or read book Of Presidential Prerogative written by Edward Samuel Corwin and published by . This book was released on 1954 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Presidential Defiance of Unconstitutional Laws written by Christophe May and published by Praeger. This book was released on 1998-08-20 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.
Download or read book Extraordinary Measures written by Daniel P. Franklin and published by Pittsburgh, PA : University of Pittsburgh Press. This book was released on 1991 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Franklin (political science, Colgate U.) wonders how long the US Constitution can last if more of it gets chipped away everytime someone declares an emergency. Describes the powers assumed by all three branches of government, the justifications for them, and their possible effect on freedom and security. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Presidential Power and the Royal Prerogative written by Robert Louis Berg and published by . This book was released on 1958 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Like a Boss written by Joshua Ellis Darichuk and published by . This book was released on 2013 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Executive power in America is outlined by the U.S. Constitution, but presidents have made decisions which questionably violate the rights American citizens are guaranteed by the same document. How are we able to maintain sovereignty as "we the people," if our most powerful elected official is able to overstep the rules during a national security threat? The answer is because the constitution would not exist without a state, therefore the union must always be preserved. Niccolo Machiavelli, John Locke, Alexander Hamilton, and Carl Schmitt share very different views on democracy, but their insistence on national security is universally present. The views of the theorists are used to build a framework by which certain decisions can be compared on a scale of how much constraint the decision-maker was under. This study is a unique analysis of three executive decisions in relation to their constitutionality. I not only explain why the president was constitutional in his decision-making, but also the limits set to prevent future presidents from making the same sort of decision without more constraint. The constitutional gray area of presidential prerogative is discussed with its role in national security issues. --Page iv.
Download or read book The Presidency and Political Science Paradigms of Presidential Power from the Founding to the Present 2014 written by Raymond Tatalovich and published by Routledge. This book was released on 2014-12-18 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This history of presidential studies surveys the views of leading thinkers and scholars about the constitutional powers of the highest office in the land from the founding to the present.
Download or read book Lincoln s Toolbox written by Noah Ziff Seton and published by . This book was released on 2000 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Executing the Constitution written by and published by SUNY Press. This book was released on with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Presidency in the Constitutional Order written by Joseph M. Bessette and published by Routledge. This book was released on 2017-07-12 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of the Executive Branch written by Dr. Louis Fisher and published by Oxford University Press. This book was released on 2014-01-03 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.
Download or read book The President Office and Powers written by Edward Samuel Corwin and published by . This book was released on 1948 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Presidency and Political Science written by Raymond Tatalovich and published by JHU Press. This book was released on 2003-07-29 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to survey the intellectual history of presidential scholarship from the Founding to the late 20th century. Reviewing the work of over sixty thinkers, including Alexander Hamilton, Thomas Jefferson, Woodrow Wilson, Richard Neustadt, James McGregor Burns, and Theodore Lowi, the authors identify six central questions, the answers to which can help form a theory of presidential power: • Does presidential power derive from the prerogatives of office or from incumbency?• Does presidential influence depend upon force of personality, rhetorical leadership, or partisanship?• Does presidential leadership depend upon historical context or is regime-building manifested through political, institutional, and constitutional developments?• Does presidential leadership vary between domestic and foreign affairs?• Does the president actively or passively engage the legislative process and promote a policy agenda?• Does the organization of the executive branch service presidential leadership? Arguing that three paradigms have dominated the history of presidential scholarship—Hamiltonianism, Jeffersonianism, and Progressivism—the authors conclude that today's understanding of the presidency is characterized by a "new realism and old idealism." This book will appeal to students and scholars as well as to general readers with an interest in the American presidency.
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 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 The Unitary Executive and the Modern Presidency written by Ryan J. Barilleaux and published by Texas A&M University Press. This book was released on 2010-04-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: During his first term in office, Pres. George W. Bush made reference to the "unitary executive" ninety-five times, as part of signing statements, proclamations, and executive orders. Pres. Barack Obama's actions continue to make issues of executive power as timely as ever. Unitary executive theory stems from interpretation of the constitutional assertion that the president is vested with the "executive power" of the United States. In this groundbreaking collection of studies, eleven presidential scholars examine for the first time the origins, development, use, and future of this theory. The Unitary Executive and the Modern Presidency examines how the unitary executive theory became a recognized constitutional theory of presidential authority, how it has evolved, how it has been employed by presidents of both parties, and how its use has affected and been affected by U.S. politics. This book also examines the constitutional, political, and even psychological impact of the last thirty years of turmoil in the executive branch and the ways that controversy has altered both the exercise and the public’s view of presidential power.
