Presidential Power

Presidential Power
Author: Matthew A. Crenson
Publisher: W. W. Norton & Company
Total Pages: 448
Release: 2007
Genre: Biography & Autobiography
ISBN: 9780393064889

This book explores how American presidents--especially those of the past three decades--have increased the power of the presidency at the expense of democracy.

Power and Constraint: The Accountable Presidency After 9/11

Power and Constraint: The Accountable Presidency After 9/11
Author: Jack Goldsmith
Publisher: W. W. Norton & Company
Total Pages: 337
Release: 2012-03-12
Genre: Political Science
ISBN: 0393083519

The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

Thinking About the Presidency

Thinking About the Presidency
Author: William G. Howell
Publisher: Princeton University Press
Total Pages: 224
Release: 2015-03-22
Genre: Political Science
ISBN: 0691165688

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.

Power Shifts

Power Shifts
Author: John A. Dearborn
Publisher: University of Chicago Press
Total Pages: 347
Release: 2021-09-10
Genre: History
ISBN: 022679783X

"The extraordinary nature of the Trump presidency has spawned a resurgence in the study of the presidency and a rising concern about the power of the office. In Power Shifts: Congress and Presidential Representation, John Dearborn explores the development of the idea of the representative presidency, that the president alone is elected by a national constituency, and thus the only part of government who can represent the nation against the parochial concerns of members of Congress, and its relationship to the growth of presidential power in the 20th century. Dearborn asks why Congress conceded so much power to the Chief Executive, with the support of particularly conservative members of the Supreme Court. He discusses the debates between Congress and the Executive and the arguments offered by politicians, scholars, and members of the judiciary about the role of the president in the American state. He asks why so many bought into the idea of the representative, and hence, strong presidency despite unpopular wars, failed foreign policies, and parochial actions that favor only the president's supporters. This is a book about the power of ideas in the development of the American state"--

The Living Presidency

The Living Presidency
Author: Saikrishna Bangalore Prakash
Publisher: Harvard University Press
Total Pages: 353
Release: 2020-04-21
Genre: Political Science
ISBN: 0674245210

A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

Power and the Presidency in Kenya

Power and the Presidency in Kenya
Author: Anaïs Angelo
Publisher: Cambridge University Press
Total Pages: 325
Release: 2019-10-31
Genre: History
ISBN: 1108494048

The first study to use Jomo Kenyatta's political biography and presidency as a basis for examining the colonial and postcolonial history of Kenya.

Power Without Persuasion

Power Without Persuasion
Author: William G. Howell
Publisher: Princeton University Press
Total Pages: 262
Release: 2003-07-28
Genre: Political Science
ISBN: 0691102708

Since the early 1960s, scholarly thinking on the power of U.S. presidents has rested on these words: "Presidential power is the power to persuade." Power, in this formulation, is strictly about bargaining and convincing other political actors to do things the president cannot accomplish alone. Power without Persuasion argues otherwise. Focusing on presidents' ability to act unilaterally, William Howell provides the most theoretically substantial and far-reaching reevaluation of presidential power in many years. He argues that presidents regularly set public policies over vocal objections by Congress, interest groups, and the bureaucracy. Throughout U.S. history, going back to the Louisiana Purchase and the Emancipation Proclamation, presidents have set landmark policies on their own. More recently, Roosevelt interned Japanese Americans during World War II, Kennedy established the Peace Corps, Johnson got affirmative action underway, Reagan greatly expanded the president's powers of regulatory review, and Clinton extended protections to millions of acres of public lands. Since September 11, Bush has created a new cabinet post and constructed a parallel judicial system to try suspected terrorists. Howell not only presents numerous new empirical findings but goes well beyond the theoretical scope of previous studies. Drawing richly on game theory and the new institutionalism, he examines the political conditions under which presidents can change policy without congressional or judicial consent. Clearly written, Power without Persuasion asserts a compelling new formulation of presidential power, one whose implications will resound.

Presidential War Power

Presidential War Power
Author: Louis Fisher
Publisher:
Total Pages: 344
Release: 2004
Genre: Law
ISBN:

For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.

Presidential Power and the Modern Presidents

Presidential Power and the Modern Presidents
Author: Richard E. Neustadt
Publisher: Simon and Schuster
Total Pages: 404
Release: 1991-03
Genre: History
ISBN: 0029227968

This is a revised edition of Presidential power, 1980, which was originally published by Wiley in 1960. Annotation copyrighted by Book News, Inc., Portland, OR

After Trump

After Trump
Author: Bob Bauer
Publisher: Lawfare Press
Total Pages: 436
Release: 2020-09-15
Genre: Executive power
ISBN: 9781735480619

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.