Download or read book The Constitutional Origins of the President s Foreign Affairs Power written by Oliver Peter Thoma and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the executive's authority over foreign affairs has been debated constantly over the life of the Constitution. Rather than try to discern the answer to this question from only the well-known Framers, this scholarly endeavor proposes to unlock the original understanding of the Constitution to the "citizens, polemicists, and convention delegates who participated in one way or another in ratification." Recent scholarship in the nature of the executive's foreign affair power has suffered from a lesser degree of scrutiny than other constitutional subjects. Few scholars have addressed the original source of authority and legitimacy of the Constitution -- its ratification -- as a means of determining whether the modern presidency continues to abuse or respect the powers the Constitution has invested in it. Those that have looked to the historical context of the Constitution's ratification and believe that public sentiment toward the executive was more characterized by fear rather than want of energy have reached their conclusion because of select sampling from an extraordinary era in American constitutionalism. The research will be divided among three major historical periods of American constitutionalism: (1) the pre-revolutionary era (early 1700s until 1775) while America was still comprised of 13 British colonies and most constitutional concerns where focused on Parliament's abuses of power and the Executive's complicity; (2) the executive interregnum (1775 until the early 1780s) wherein the American public feared executive authority and experimented with a weak executive; and (3) the period of legislative fear (early 1780s to 1790s) that acted as a catalyst for James Madison, Alexander Hamilton, and others to restore an energetic executive.
Download or read book The Constitution s Text in Foreign Affairs written by Michael D. Ramsey and published by Harvard University Press. This book was released on 2007-06-01 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations. Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.
Download or read book War Foreign Affairs and Constitutional Power The origins written by Abraham D. Sofaer and published by Cambridge, Mass. : Ballinger Publishing Company. This book was released on 1976 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution and the Conduct of American Foreign Policy written by David Gray Adler and published by . This book was released on 1996 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.
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 The President s Control of Foreign Relations written by Edward S. Corwin and published by . This book was released on 1917 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-10 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a wide-ranging constitutional history of presidential war decisions from 1945 to the present, Stephen M. Griffin rethinks the long-running debate over the “imperial presidency” and concludes that the eighteenth-century Constitution is inadequate to the challenges of a post-9/11 world. The Constitution requires the consent of Congress before the United States can go to war. Truman’s decision to fight in Korea without gaining that consent was unconstitutional, says Griffin, but the acquiescence of Congress and the American people created a precedent for presidents to claim autonomy in this arena ever since. The unthinking extension of presidential leadership in foreign affairs to a point where presidents unilaterally decide when to go to war, Griffin argues, has destabilized our constitutional order and deranged our foreign policy. Long Wars and the Constitution demonstrates the unexpected connections between presidential war power and the constitutional crises that have plagued American politics. Contemporary presidents are caught in a dilemma. On the one hand are the responsibilities handed over to them by a dangerous world, and on the other is an incapacity for sound decisionmaking in the absence of interbranch deliberation. President Obama’s continuation of many Bush administration policies in the long war against terrorism is only the latest in a chain of difficulties resulting from the imbalances introduced by the post-1945 constitutional order. Griffin argues for beginning a cycle of accountability in which Congress would play a meaningful role in decisions for war, while recognizing the realities of twenty-first century diplomacy.
Download or read book To Chain the Dog of War written by Francis Dunham Wormuth and published by University of Illinois Press. This book was released on 1989 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An important book . . . that I wish every member of Congress and would-be president would carefully study." -- George McGovern "A timely and valuable study that makes a useful contribution to preserving the Constitution and our hopes for survival." -- Journal of American History "To Chain the Dog of War does an excellent job of putting together some very complex material, and it comes out at a most propitious time." -- Arthur S. Miller, Professor of Law, George Washington University "A most thorough study. . . . it would be useful is this book could be prescribed to our decision-makers as required reading." -- Louis B. Sohn, University of Georgia, School of Law
Download or read book Constitutional Power and World Affairs written by George Sutherland and published by . This book was released on 1919 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The President s Authority Over Foreign Affairs written by Jefferson Powell and published by . This book was released on 2002 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debate over who has the authority to make foreign policy for the United States has been a constant feature of our political and constitutional history. In the modern era, the debate has come to be both shrill and stale: the proponents of presidential autonomy and the advocates of congressional supremacy start from mutually incompatible premises and come to predictable, and antagonistic, conclusions. The President's Authority Over Foreign Affairs argues that the best interpretation of our Constitution's distribution of foreign affairs authority resolves this irresolvable stand-off. Powell presents a traditional legal argument, giving careful weight to original understandings, early practice and considerations of institutional structure, and concludes that the Constitution vests the president with the clear authority to formulate and implement foreign policy. At the same time, the Constitution vests Congress with powers that enable it to exercise a near-absolute veto -- not on the president's foreign policy choices, but on his or her ability to carry those choices out. The resulting system of interlocking constitutional powers is faithful to the Constitution's text and to the purposes that are embodied in it. In making this argument, a variety of hotly contested issues are addressed, and Powell shows how constitutional interpretation enables us to reach satisfactory answers.
Download or read book The President Office and Powers written by Edward Samuel Corwin and published by New York : New York University Press. This book was released on 1957 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Primarily a study in American public law with an approach partly historicial, partly analytical, and critical. The central theme is the development and contemporary status of presidential power, and of the presidential office under the Constitution"--OCLC.
Download or read book Treaty Politics and the Rise of Executive Agreements written by Glen S Krutz and published by University of Michigan Press. This book was released on 2009-07-09 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Krutz and Peake’s book . . . puts another stake in the heart of the ‘imperial presidency’ argument.” —Lisa L. Martin, University of Wisconsin–Madison, American Review of Politics “Krutz and Peake reach their conclusions as a result of carefully crafted examination that might be cited as a model of political analysis of this sort . . . As [they] introduce each chapter with a summary of the argument as developed and supported to that point, the reader can enter into and understand their discussion and argument at virtually any point in the book. In sum, Treaty Politics and the Rise of Executive Agreements is a clearly written and important book that adds substantially to the existing literature on the presidency and on presidential-congressional relations.” —Roger E. Kanet, University of Miami, International Studies Review “One can only hope that this fine and challenging book starts an argument, or at least a dialogue, about presidential power in a post-Bush era. It merits the attention of presidency and congressional scholars, and those interested in the interaction of America’s political institutions.” —Michael A. Genovese, Loyola Marymount University, Journal of Politics
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 618 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Creation of the Presidency 1775 1789 written by Charles Coleman Thach (Jr.) and published by . This book was released on 1923 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 455 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 The Creation of the Presidency 1775 1789 written by Charles Coleman Thach and published by . This book was released on 1923 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Invitation to Struggle written by Cecil V. Crabb (Jr.) and published by . This book was released on 1980 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
