Landmark Briefs and Arguments of the Supreme Court of the United States
Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 760 |
Release | : 2014 |
Genre | : Constitutional law |
ISBN | : |
Download The Czars Place In Presidential Administration And What The Excepting Clause Teaches Us About Delegation full books in PDF, epub, and Kindle. Read online free The Czars Place In Presidential Administration And What The Excepting Clause Teaches Us About Delegation ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : United States. Supreme Court |
Publisher | : |
Total Pages | : 760 |
Release | : 2014 |
Genre | : Constitutional law |
ISBN | : |
Author | : Heidi Kitrosser |
Publisher | : University of Chicago Press |
Total Pages | : 292 |
Release | : 2015-01-06 |
Genre | : Law |
ISBN | : 022619177X |
Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case—and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from “presidentialism,” or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments—including “supremacy” and “unitary executive theory”—she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser’s own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
Author | : Barbara L. Schwemle |
Publisher | : DIANE Publishing |
Total Pages | : 70 |
Release | : 2010-11 |
Genre | : Political Science |
ISBN | : 1437924689 |
Are some of Pres. Obama¿s appointments (particularly some of those to the White House Office), made outside of the advice and consent process of the Senate, circumvent the Constitution? Are the activities of such appointees subject to oversight by, and accountable to, Congress? This report provides info. and views on the role of some of these appointees and discusses selected appointments in the Obama Admin. It discusses some of the constitutional concerns that have been raised about presidential advisors. These include, for ex., the kinds of positions that qualify as the type that must be filled in accordance with the Appointments Clause, with a focus on examining a few existing positions established by statute, exec. order, and regulation.
Author | : Mitchel A. Sollenberger |
Publisher | : University Press of Kansas |
Total Pages | : 312 |
Release | : 2012-04-27 |
Genre | : Political Science |
ISBN | : 0700618368 |
Faced with crises that would challenge any president, Barack Obama authorized "pay czar" Kenneth Feinberg to oversee the $20 billion fund for victims of the BP oil spill and to establish—and enforce—executive pay guidelines for companies that received $700 billion in federal bailout money. Feinberg's office comes with vastly expansive policy powers along with seemingly deep pockets; yet his position does not formally fit anywhere within our government's constitutional framework. The very word "czar" seems inappropriate in a constitutional republic, but it has come to describe any executive branch official who has significant authority over a policy area, works independently of agency or Department heads, and is not confirmed by the Senate-or subject to congressional oversight. Mitchel Sollenberger and Mark Rozell provide the first comprehensive overview of presidential czars, tracing the history of the position from its origins through its initial expansion under FDR and its dramatic growth during the presidencies of George W. Bush and Barack Obama. The President's Czars shows how, under pressure to act on the policy front, modern presidents have increasingly turned to these appointed officials, even though by doing so they violate the Appointments Clause and can also run into conflict with the nondelegation doctrine and the principle that a president cannot unilaterally establish offices without legislative support. Further, Sollenberger and Rozell contend that czars not only are ill-conceived but also disrupt a governing system based on democratic accountability. A sobering overview solidly grounded in public law analysis, this study serves as a counter-argument to those who would embrace an excessively powerful presidency, one with relatively limited constraints. Among other things, it proposes the restoration of accountability—starting with significant changes to Title 3 of the U.S. Code, which authorizes the president to appoint White House employees "without regard to any other provision of law." Ultimately, the authors argue that czars have generally not done a good job of making the executive branch bureaucracy more effective and efficient. Whatever utility presidents may see in appointing czars, Sollenberger and Rozell make a strong case that the overall damage to our constitutional system is great-and that this runaway practice has to stop.
Author | : Bradley Hawkes Patterson |
Publisher | : |
Total Pages | : 472 |
Release | : 2008 |
Genre | : History |
ISBN | : |
"Opens a window onto the closely guarded Oval Office turf: the operations, offices, and people of the complete White House team. Describes its organizational structure, recent innovations made in the face of changing events, what people do, while revealing the total size and cost of the contemporary White House team."--Provided by publisher.
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 104 |
Release | : 2010 |
Genre | : Law |
ISBN | : |
Author | : Jennifer L Selin, David E. Lewis |
Publisher | : |
Total Pages | : 188 |
Release | : |
Genre | : |
ISBN | : 9780160948107 |
Author | : Barbara Sinclair |
Publisher | : CQ Press |
Total Pages | : 330 |
Release | : 2016-06-22 |
Genre | : Political Science |
ISBN | : 1506322859 |
Most major measures wind their way through the contemporary Congress in what Barbara Sinclair has dubbed “unorthodox lawmaking.” In this much-anticipated Fifth Edition of Unorthodox Lawmaking, Sinclair explores the full range of special procedures and processes that make up Congress’s work, as well as the reasons these unconventional routes evolved. The author introduces students to the intricacies of Congress and provides the tools to assess the relative successes and limitations of the institution. This dramatically updated revision incorporates a wealth of new cases and examples to illustrate the changes occurring in congressional process. Two entirely new case study chapters—on the 2013 government shutdown and the 2015 reauthorization of the Patriot Act—highlight Sinclair’s fresh analysis and the book is now introduced by a new foreword from noted scholar and teacher, Bruce I. Oppenheimer, reflecting on this book and Barbara Sinclair’s significant mark on the study of Congress.
Author | : United States. Congress |
Publisher | : |
Total Pages | : 1324 |
Release | : 1968 |
Genre | : Law |
ISBN | : |
Author | : Peter M. Shane |
Publisher | : University of Chicago Press |
Total Pages | : 258 |
Release | : 2009-08-01 |
Genre | : Political Science |
ISBN | : 0226749428 |
The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.