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 Presidency in the Constitutional Order written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Presidency in the Constitutional Order written by Jeffrey Tulis and published by Transaction Pub. This book was released on 2010 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: Baton Rouge: Louisiana State University Press, c1981.
Download or read book The Presidents and the Constitution written by Ken Gormley and published by NYU Press. This book was released on 2016-05-10 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Presidency written by Michael Nelson and published by University of Virginia Press. This book was released on 2021-04-29 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Obama Presidency in the Constitutional Order written by Carol McNamara and published by Rowman & Littlefield. This book was released on 2012 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Obama administration is shaping up to be one of the most consequential in recent American history. In this book, a diverse group of presidential scholars step back from the partisan debate to consider the first two years of the Obama presidency through the lens of the U.S. constitution's theory, structure, and powers. They ask how Barack Obama understands and exercises the President's formal constitutional and informal powers and responsibilities of the president, from foreign policy and public policyto his political leadership of the Democratic party and the nation as a whole.
Download or read book The Constitutional Presidency written by Joseph M. Bessette and published by Johns Hopkins University Press. This book was released on 2009-08-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Idea of Presidential Representation written by Jeremy D. Bailey and published by University Press of Kansas. This book was released on 2019-07-23 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Presidency and the Constitution written by M. Genovese and published by Springer. This book was released on 2005-08-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
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 A Confucian Constitutional Order written by Jiang Qing and published by Princeton University Press. This book was released on 2012-10-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.
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 Rethinking Presidential Constructions of Constitutional Regimes written by Richard Alexander Izquierdo and published by Stanford University. This book was released on 2011 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: ABSTRACT This dissertation assesses the design and incentive structures that link the presidency to constitutional maintenance and renewal when extraordinary times occur, and posits that institutional power and historical context were priced into the presidency since its creation. This finding has robust implications for understanding the presidency's role in constitutional change, and in particular, the construction of constitutional regimes. Presidents are naturally drawn to the lure of constructing a constitutional regime by the nature of the office, as presidents want to constitutionalize their priorities from rival political interests in order to secure their legacy. Some fortunate presidents--aided by historical context--actually get the opportunity to do so. After providing a theory of the presidency's role within the constitutional order and its incentive structures, the study then builds upon these insights to construct a coherent model that assesses the dynamics between presidential leadership and historical context in the construction of constitutional regimes. The research finds that there exits an inverse relationship between the degree of constitutional change and the president's role in initiating it. The reason for this inverse dynamic is that extraordinary historical events crowd out the space typically reserved for executive leadership whenever they come to the fore. Conversely, the less extensive the degree of constitutional change, the greater that presidential leadership plays a role in the process. Reconstructive presidents are actually reactive at the level of constitutional politics despite the high praise political commentators offer to this most select group of presidents. Their presidencies' collective effects on constitutional change have been greatly aided--perhaps overwhelmingly destined for success at the constitutional level--due to exogenous factors beyond their control. The coalitional political shifts in electoral support seen during these transformative periods are just a by-product of massive historical events. Presidential leadership is important, but not in the actual initiation of the constitutional construction despite the institutional inclination of presidents to chart new paths. A reconstructive president chooses a set of principles, ideology, or commitments with which to define the content of the new regime in place, but his autonomy here is limited to providing a substantive constitutional vision, not the sort of initial decisive action typically associated with leadership efforts. If the analysis of presidents was confined to nameless, faceless institutional actors engaged in the quest for constitutional regime construction, the greatest difference between the efforts of similarly-situated presidents would be in the substantive content that each provided to his historic opportunity. Presidential greatness at the constitutional level would not be determined by unusual skill in turning a normal opportunity into a transformative one or in providing a constitutional opening where none was to be found. While the constitutional space opened by historical events crowds out the space for autonomous action by reconstructive presidents, the reverse is true for presidents with a more limited constitutional opening. Presidents constrained by contextual factors must exercise more extensive leadership skills in attempting any efforts to influence constitutional meaning. Since non-reconstructive presidents' openings are smaller, their efforts have to be much more exacting and tactical--even though their payoffs are irredeemably smaller than those of reconstructive presidents. Therefore, non-reconstructive presidents provide the elegance to the model of constitutional construction in that they show how presidential forays into constitutional politics exist within a continuum. Presidential leadership is more institutionally creative and, by necessity, more entrepreneurial, at the narrowest openings of constitutional space, while it is least in display--because less necessary--at the level of reconstructive politics where the constitutional space is broadest. The theoretical insight of this research therefore concludes that there exists an inverse relationship between presidential leadership and historical context in the construction of constitutional regimes.
Download or read book The Forgotten Presidents written by Michael J. Gerhardt and published by Oxford University Press. This book was released on 2013-04-11 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Legacy of Forgotten Presidents, eminent constitutional scholar Michael Gerhardt tells the stories of thirteen presidents whom most Americans do not remember and scholars think had no constitutional impact, among them Chester Arthur, Martin Van Buren, and William Howard Taft. As Gerhardt shows, our forgotten presidents played crucial roles in laying some of the groundwork followed by Lincoln and other modern presidents, as well as providing examples for future lawmakers of constitutional choices to avoid.
