The Living Presidency
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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.
Author | : James M. Ronan |
Publisher | : Lexington Books |
Total Pages | : 217 |
Release | : 2015-08-06 |
Genre | : Political Science |
ISBN | : 1498514723 |
Ask the average American who takes over in the event something happens to the President of the United States, and you’re likely to receive the correct answer. However, what about succession beyond the vice presidency? Fortunately, our nation has an established line of presidential succession that is meant to ensure continuity in the nation’s highest office. Unfortunately, there are several fundamental flaws in the model. This work begins by examining the fascinating history of presidential disability and succession, an issue that has impacted our nation’s highest office since the very beginning. After highlighting the reoccurring nature of this problem, it then provides an analysis of the alarming state of our current disability and succession guidelines, many of which are dangerously outdated, especially when it comes to the threat of terrorism. It then explores these flaws, specifically the glaring problems associated with including members of Congress in the line of succession. Along with questions concerning suitability and preparedness, statistics detailing the partisan composition of Congress over the last half-century illustrate that a sudden shift in party control of the presidency is not only possible, but likely. Finally, it concludes by highlighting an inherent flaw in a line of succession in which every member is located in one small area that happens to be the most attractive target for a would-be terrorist. While the issues explored in this work have been present for more than a half-century, the combination of an increased partisan divide between the executive and legislative branches, as well as the dangers of terrorist attack, combine to require immediate action. Just as the average American may be surprised to discover the Speaker of the House stands second in the line of succession, they would likely be shocked at the potential for chaos and confusion that could unfold in a battle for the presidency. Therefore, it is vitally important to address these concerns now, before they play out in front of a national audience.
Author | : Saikrishna Bangalore Prakash |
Publisher | : Belknap Press |
Total Pages | : 353 |
Release | : 2020-04-21 |
Genre | : Political Science |
ISBN | : 0674987985 |
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.
Author | : Ken Gormley |
Publisher | : NYU Press |
Total Pages | : 711 |
Release | : 2016-05-10 |
Genre | : Biography & Autobiography |
ISBN | : 1479839906 |
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.
Author | : David Priess |
Publisher | : PublicAffairs |
Total Pages | : 401 |
Release | : 2016-03-01 |
Genre | : Political Science |
ISBN | : 1610395964 |
Every president has had a unique and complicated relationship with the intelligence community. While some have been coolly distant, even adversarial, others have found their intelligence agencies to be among the most valuable instruments of policy and power. Since John F. Kennedy's presidency, this relationship has been distilled into a personalized daily report: a short summary of what the intelligence apparatus considers the most crucial information for the president to know that day about global threats and opportunities. This top-secret document is known as the President's Daily Brief, or, within national security circles, simply "the Book." Presidents have spent anywhere from a few moments (Richard Nixon) to a healthy part of their day (George W. Bush) consumed by its contents; some (Bill Clinton and George H. W. Bush) consider it far and away the most important document they saw on a regular basis while commander in chief. The details of most PDBs are highly classified, and will remain so for many years. But the process by which the intelligence community develops and presents the Book is a fascinating look into the operation of power at the highest levels. David Priess, a former intelligence officer and daily briefer, has interviewed every living president and vice president as well as more than one hundred others intimately involved with the production and delivery of the president's book of secrets. He offers an unprecedented window into the decision making of every president from Kennedy to Obama, with many character-rich stories revealed here for the first time.
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.
Author | : Michael Nelson |
Publisher | : University of Virginia Press |
Total Pages | : 385 |
Release | : 2021-04-29 |
Genre | : History |
ISBN | : 0813946069 |
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
Author | : Jon Buller |
Publisher | : Penguin |
Total Pages | : 65 |
Release | : 2004-07-08 |
Genre | : Juvenile Nonfiction |
ISBN | : 0448433729 |
Kids will love discovering the floor plan of the White House, a list of presidential perks, and lots of interesting info about all the presidents, from George Washington to Barack Obama. (Did you know he is the only president born in Hawaii?) Each page is jam-packed with trivia, fun facts, and information on the historical events of each presidency.
Author | : Catherine Stier |
Publisher | : Albert Whitman & Company |
Total Pages | : 34 |
Release | : 1999-01-01 |
Genre | : Juvenile Fiction |
ISBN | : 0807592854 |
2000 SSLI Honor Book-Social Studies (Grades K-6) IRA Los Angeles' 100 Best Books A multicultural cast of children imagines what it would be like to be president. Imagine living in the White House, a mansion where you wouldn't have to leave home to go bowling or see a movie! Imagine a chef to cook anything you like. "Two desserts, Madam President? No problem!" If you were president, there would be a lot of work to do too. You would be in charge of the armed forces, give important speeches, and work with Congress to create laws for the whole country!
Author | : Jared Cohen |
Publisher | : Simon & Schuster |
Total Pages | : 528 |
Release | : 2020-01-28 |
Genre | : History |
ISBN | : 1501109839 |
This New York Times bestselling “deep dive into the terms of eight former presidents is chock-full of political hijinks—and déjà vu” (Vanity Fair) and provides a fascinating look at the men who came to the office without being elected to it, showing how each affected the nation and world. The strength and prestige of the American presidency has waxed and waned since George Washington. Eight men have succeeded to the presidency when the incumbent died in office. In one way or another they vastly changed our history. Only Theodore Roosevelt would have been elected in his own right. Only TR, Truman, Coolidge, and LBJ were re-elected. John Tyler succeeded William Henry Harrison who died 30 days into his term. He was kicked out of his party and became the first president threatened with impeachment. Millard Fillmore succeeded esteemed General Zachary Taylor. He immediately sacked the entire cabinet and delayed an inevitable Civil War by standing with Henry Clay’s compromise of 1850. Andrew Johnson, who succeeded our greatest president, sided with remnants of the Confederacy in Reconstruction. Chester Arthur, the embodiment of the spoils system, was so reviled as James Garfield’s successor that he had to defend himself against plotting Garfield’s assassination; but he reformed the civil service. Theodore Roosevelt broke up the trusts. Calvin Coolidge silently cooled down the Harding scandals and preserved the White House for the Republican Herbert Hoover and the Great Depression. Harry Truman surprised everybody when he succeeded the great FDR and proved an able and accomplished president. Lyndon B. Johnson was named to deliver Texas electorally. He led the nation forward on Civil Rights but failed on Vietnam. Accidental Presidents shows that “history unfolds in death as well as in life” (The Wall Street Journal) and adds immeasurably to our understanding of the power and limits of the American presidency in critical times.