The Law Of The Executive Branch
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Author | : Louis Fisher |
Publisher | : |
Total Pages | : 482 |
Release | : 2014 |
Genre | : Biography & Autobiography |
ISBN | : 0199856214 |
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. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.
Author | : Dr. Louis Fisher |
Publisher | : Oxford University Press |
Total Pages | : 482 |
Release | : 2014-01-03 |
Genre | : Law |
ISBN | : 0199350418 |
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.
Author | : Maurice Adams |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2017-02-02 |
Genre | : Law |
ISBN | : 1316883256 |
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.
Author | : Margit Cohn |
Publisher | : Oxford University Press, USA |
Total Pages | : 353 |
Release | : 2021-02-24 |
Genre | : Law |
ISBN | : 0198821980 |
This monograph offers a theoretical foundation of the executive branch in Western democracies and argues that the tension between dominance and submission is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of the substantive limitation of power.
Author | : Harold C. Relyea |
Publisher | : DIANE Publishing |
Total Pages | : 19 |
Release | : 2011-04 |
Genre | : Political Science |
ISBN | : 1437938515 |
Contents: Intro.; Admin. Orders; Certificates; Designations of Officials; Exec. Orders; General Licenses; Homeland Security Pres. Directives; Interpretations; Letters on Tariffs and Internat. Trade; Military Orders; National Security Instruments: NSC Policy Papers; National Security Action Memo; National Security Study Memo and National Security Decision Memo; Pres. Review Memo and Pres. Directives; National Security Study Memo and National Security Decision Directives; National Security Reviews and National Security Directives; Pres. Review Directives and Pres. Decision Directives; National Security Pres. Directives; Pres. Announcements; Pres. Findings; Pres. Reorg. Plans; Proclamations; Reg¿s.; Source Tools. A print on demand report.
Author | : Alexander Hamilton |
Publisher | : Read Books Ltd |
Total Pages | : 420 |
Release | : 2018-08-20 |
Genre | : History |
ISBN | : 1528785878 |
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.
Author | : John V. Sullivan |
Publisher | : |
Total Pages | : 72 |
Release | : 2007 |
Genre | : Government publications |
ISBN | : |
Author | : David M. Driesen |
Publisher | : Stanford University Press |
Total Pages | : 323 |
Release | : 2021-07-20 |
Genre | : Law |
ISBN | : 1503628620 |
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Karen Orren |
Publisher | : Cambridge University Press |
Total Pages | : 519 |
Release | : 2018-03-22 |
Genre | : Law |
ISBN | : 1107094666 |
Offers an accessible, interdisciplinary, and historically informed introduction to the study of American constitutionalism.