Описание: 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
Описание: Can Justice Department officials effectively investigate wrongdoing within their own administration without relying on an independent counsel? In Prosecution among Friends political scientist David Alistair Yalof explores the operation of due process as it is navigated within the office of the attorney general and its various subdivisions.
Автор: Segall, Eric J. (college Of Law, Georgia State University) Название: Originalism as faith ISBN: 1107188555 ISBN-13(EAN): 9781107188556 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Originalism as Faith shows how originalism is often used by judges as a pretext for reaching politically desirable results. It will be of interest to anyone interested in an evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.
Автор: Jack Fruchtman Название: American Constitutional History: A Brief Introduction ISBN: 1119141753 ISBN-13(EAN): 9781119141754 Издательство: Wiley Рейтинг: Цена: 4110.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: American Constitutional History presents a concise introduction to the constitutional developments that have taken place over the past 225 years, treating trends from history, law, and political science. * Presents readers with a brief and accessible introduction to more than two centuries of U.S.
Автор: Crouch Jeffrey P., Rozell Mark J., Sollenberger Mitchel A. Название: The Unitary Executive Theory: A Danger to Constitutional Government ISBN: 0700630031 ISBN-13(EAN): 9780700630035 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 7524.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Dismantling the myth that presidents enjoy unchecked plenary powers, the authors of this volume advocate for principles of separation of powers - of checks and balances - that honour the Constitution and support the republican government its framers envisioned.
Автор: Dodds, Graham Название: The Unitary Presidency ISBN: 1138484172 ISBN-13(EAN): 9781138484177 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The unitary executive theory holds that the US president embodies all executive power and thus may control everything in the executive branch. Critics say this view is inaccurate and politically dangerous. This book examines the theory and the history of controversies about unitary executive power.
Автор: Dodds, Graham Название: The Unitary Presidency ISBN: 1138484180 ISBN-13(EAN): 9781138484184 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The unitary executive theory holds that the US president embodies all executive power and thus may control everything in the executive branch. Critics say this view is inaccurate and politically dangerous. This book examines the theory and the history of controversies about unitary executive power.
Shines a light on the constitutional issues that confronted and shaped each presidency from George Washington to the Progressive Era
Drawing from the monumental The Presidents and the Constitution: A Living History, published in 2016, the nation's foremost experts in the American presidency and the US Constitution join together to tell the intertwined stories of how the first twenty-seven distinctive American presidents have confronted and shaped the Constitution and thus defined the most powerful office in human history.
From George Washington to William Howard Taft, The Presidents and the Constitution, Volume 1 illuminates the evolving American presidency in a unique way--through the lens of the Constitution itself. Arranged chronologically by president, the book examines the constitutional issues confronting each president in the context of the personalities driving historical events.The contributors illustrate the extensive powers of the American presidency in domestic and foreign affairs, showing how they have been used by the men who were granted them, and brings to light the overarching constitutional themes that span this country's history and tie each presidency to the other branches of government.
Автор: Fisher Louis Название: President Obama: Constitutional Aspirations and Executive Actions ISBN: 0700626859 ISBN-13(EAN): 9780700626854 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3761.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: On the campaign trail, Barack Obama spoke often about his constitutional principles. In particular, he objected to George W. Bush’s claim to certain “inherent” presidential powers that could not be checked by Congress or the judiciary. After his inauguration, how did President Obama’s constitutional principles fare? That is the question Louis Fisher explores in this book, a disturbing and timely study of the tension between constitutional aspirations and executive actions in the American presidency. A constitutional scholar, Fisher views Obama’s two terms within the context of other presidencies, and in light of the principles set forth by the Framers. His work reveals how the basic system of checks and balances has been substantially altered by Supreme Court decisions, military initiatives, and scholarship promoting the power of the president—and by presidents progressively more inclined to wield that power. In this analysis we see the steps by which Obama, himself an expert on the Constitution, came to press his agenda more and more aggressively through executive actions: on climate change, renewable energy, the auto industry bail-out, education initiatives, and financial reform. Rather than focus on policy, Fisher examines the politics and practical concerns that drive executive overreach, as well as the impact of such expanded powers on bipartisan support, public understanding, and finally, the functioning of government.A fair but critical assessment of Obama’s executive performance and legacy, this sobering book documents the erosion of constitutional principles that prepared the way for the presidency of Donald Trump.
How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-WrightCourt, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority.
The Collision of Political and Legal Time examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.
Автор: Clark T. Название: The Supreme Court ISBN: 1108436935 ISBN-13(EAN): 9781108436939 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book presents a quantitative history of constitutional law in the United States and uses a statistical model of law to bring together humanistic and social-scientific perspectives on legal history.
Автор: Fallon R. Название: The Nature of Constitutional Rights ISBN: 1108703917 ISBN-13(EAN): 9781108703918 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by `compelling governmental interests`. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.
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