The Limits Of Presidential Power
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Author | : Lisa Manheim |
Publisher | : Manheim & Watts, LLC |
Total Pages | : 178 |
Release | : 2018-01-10 |
Genre | : Executive power |
ISBN | : 9780999698808 |
This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.
Author | : Dan A. Farber |
Publisher | : Univ of California Press |
Total Pages | : 277 |
Release | : 2021-10-19 |
Genre | : Law |
ISBN | : 0520343948 |
"Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet the same rules must apply to all presidents, those whose abuses of power we fear as well as those whose exercises of power we applaud. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"--
Author | : Maeva Marcus |
Publisher | : Duke University Press |
Total Pages | : 422 |
Release | : 1994 |
Genre | : Biography & Autobiography |
ISBN | : 9780822314172 |
"Although there have been some other articles and books on the "Youngstown" case, this book remains definitive. The author handles a variety of materials exceedingly well, and shows great sensitivity not only to the legal issues involved, but to the political ones as well. It is a model case study."--Melvin I. Urofsky, Virginia Commonwealth University
Author | : Andrew Rudalevige |
Publisher | : Princeton University Press |
Total Pages | : 324 |
Release | : 2021-04-06 |
Genre | : Political Science |
ISBN | : 0691203717 |
How the executive branch—not the president alone—formulates executive orders, and how this process constrains the chief executive's ability to act unilaterally The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. By Executive Order provides the first comprehensive look at how presidential directives are written—and by whom. In this eye-opening book, Andrew Rudalevige examines more than five hundred executive orders from the 1930s to today—as well as more than two hundred others negotiated but never issued—shedding vital new light on the multilateral process of drafting supposedly unilateral directives. He draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. Rudalevige explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, By Executive Order reveals how the executive branch holds the power to both enact and constrain the president’s will.
Author | : Chris Edelson |
Publisher | : University of Wisconsin Pres |
Total Pages | : 376 |
Release | : 2013-12-19 |
Genre | : History |
ISBN | : 0299295338 |
Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
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.
Author | : Chris Edelson |
Publisher | : University of Wisconsin Pres |
Total Pages | : 250 |
Release | : 2016-05-11 |
Genre | : Biography & Autobiography |
ISBN | : 0299307409 |
As a presidential candidate, Barack Obama criticized the George W. Bush administration for its unrestrained actions in matters of national security. In secret Justice Department memos, President Bush’s officials had claimed for the executive branch total authority to use military force in response to threats of terrorism. They set aside laws made by Congress, even criminal laws prohibiting torture and warrantless surveillance. Candidate Obama promised to restore the rule of law and make a clean break with the Bush approach. President Obama has not done so. Why? In a thorough comparison of the Bush and Obama administrations’ national security policies, Chris Edelson demonstrates that President Obama and his officials have used softer rhetoric and toned-down legal arguments, but in key areas—military action, surveillance, and state secrets—they have simply found new ways to assert power without meaningful constitutional or statutory constraints. Edelson contends that this legacy of the two immediately post-9/11 presidencies raises crucial questions for future presidents, Congress, the courts, and American citizens. Where is the political will to restore a balance of powers among branches of government and adherence to the rule of law? What are the limits of authority regarding presidential national security power? Have national security concerns created a permanent shift to unconstrained presidential power?
Author | : Mark J. Rozell |
Publisher | : |
Total Pages | : 276 |
Release | : 2010 |
Genre | : History |
ISBN | : |
This book provides an in-depth history and analysis of executive privilege from President Nixon to President Obama, and its relation to the proper scope and limits of presidential power.
Author | : Adam B. Cox |
Publisher | : Oxford University Press |
Total Pages | : 361 |
Release | : 2020-08-04 |
Genre | : Law |
ISBN | : 0190694386 |
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author | : Michael J. Korzi |
Publisher | : Texas A&M University Press |
Total Pages | : 233 |
Release | : 2013-03-28 |
Genre | : Political Science |
ISBN | : 1603449914 |
An innovative historical study of the longstanding debate over executive term limits in American politics . . . By successfully seeking a third term in 1940, Franklin D. Roosevelt shattered a tradition that was as old as the American republic. The longstanding yet controversial two-term tradition reflected serious tensions in American political values. In Presidential Term Limits in American History, Michael J. Korzi recounts the history of the two-term tradition as well as the “perfect storm” that enabled Roosevelt to break with that tradition. He also shows that Roosevelt and his close supporters made critical errors of judgment in 1943-44, particularly in seeking a fourth term against long odds that the ill president would survive it. Korzi’s analysis offers a strong challenge to Roosevelt biographers who have generally whitewashed this aspect of his presidency and decision making. The case of Roosevelt points to both the drawbacks and the benefits of presidential term limits. Furthermore, Korzi’s extended consideration of the seldom-studied Twenty-second Amendment and its passage reveals not only vindictive and political motivations (it was unanimously supported by Republicans), but also a sincere distrust of executive power that dates back to America’s colonial and constitutional periods.