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
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.
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.
Автор: Burke John P Название: Presidential Power ISBN: 0813349672 ISBN-13(EAN): 9780813349671 Издательство: Taylor&Francis Рейтинг: Цена: 5817.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This text provides an updated and comprehensive look at the issues, constraints, and exercise of presidential power. This book considers the enduring question of how presidents can effectively exercise power within our system of shared powers by examining major tools and theories of presidential power.
Описание: The Trump presidency was not the first to spark contentious debates about presidential power, but its impact on these debates will reverberate far beyond his term. 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. In this brief but wide-ranging guide to the presidency, constitutional law expert Daniel Farber charts the limits of presidential power, from the fierce arguments among the Framers to those raging today. Synthesizing history, politics, and settled law, Contested Ground also helps readers make sense of the gaps and gray areas that fuel such heated disputes about the limits of and checks on presidential authority. From appointments and removals to wars and emergencies, Contested Ground investigates the clashes between branches of government as well as between presidential power and individual freedom. Importantly, Farber lays out the substance of constitutional law and the way it is entwined with constitutional politics, a relationship that ensures an evolving institution, heavily shaped by the course of history. The nature of the position makes it difficult to strike the right balance between limiting abuse of power and authorizing its exercise as needed. As we reflect on the long-tailed implications of a presidency that tested these limits of power at every turn, Contested Ground will be essential reading well after today's political climate stabilizes (or doesn't).
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.
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: Cohn Margit Название: A Theory of the Executive Branch: Tension and Legality ISBN: 0198821980 ISBN-13(EAN): 9780198821984 Издательство: Oxford Academ Рейтинг: Цена: 28393.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Josh Blackman Название: Unraveled : Obamacare, Religious Liberty, and Executive Power ISBN: 1108410227 ISBN-13(EAN): 9781108410229 Издательство: Cambridge Academ Рейтинг: Цена: 5067.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This legal thriller provides the definitive account of the battle to stop Obamacare from being `woven into the fabric of America`. Unraveled is essential reading to understand the future of the Affordable Care Act in America`s gridlocked government in 2016, and beyond.
Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent--and limits--of presidential power
One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president.
Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion.
Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
Автор: Dam Название: Presidential Legislation in India ISBN: 1107039711 ISBN-13(EAN): 9781107039711 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Despite India`s parliamentary system, the president has authority to enact legislation (or ordinances) under certain circumstances without involving parliament. This book studies ordinances at the national level in India centered around historical, empirical, and analytical themes. It explains why the fate of parliamentary reforms may be tied to the reform of the provision for ordinances.
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.
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