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: Kevin J. Burns Название: William Howard Taft`s Constitutional Progressivism ISBN: 0700632115 ISBN-13(EAN): 9780700632114 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 6896.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In William Howard Taft's Constitutional Progressivism Kevin J. Burns makes a compelling case that Taft's devotion to the Constitution of 1787 contributed to his progressivism. In contrast to the majority of scholarship, which has viewed Taft as a reactionary conservative because of his constitutionalism, Burns explores the ways Taft's commitment to both the Constitution and progressivism drove his political career and the decisions he made as president and chief justice. Taft saw the Constitution playing a positive role in American political life, recognizing that it created a national government strong enough to enact broad progressive reforms.In reevaluating Taft's career, Burns highlights how Taft rejected the 'laissez faire school,' which taught that 'the Government ought to do nothing but run a police force.' Recognizing that the massive industrial changes following the Civil War had created a plethora of socioeconomic ills, Taft worked to expand the national government's initiatives in the fields of trust-busting, land conservation, tariff reform, railroad regulations, and worker safety laws. Burns offers a fuller understanding of Taft and his political project by emphasizing Taft's belief that the Constitution could play a constructive role in American political life by empowering the government to act and by undergirding and protecting the reform legislation the government implemented. Moreover, Taft recognized that if the Constitution could come to the aid of progressivism, political reform might also redound to the benefit of the Constitution by showing its continued relevance and workability in modern America.Although Taft's efforts to promote significant policy-level reforms attest to his progressivism, his major contribution to American political thought is his understanding of the US Constitution as a fundamental law, not a policy-oriented document. In many ways Taft can be thought of as an originalist, yet his originalism was marked by a belief in robust national powers. Taft's constitutionalism remains relevant because while his principles seem foreign to modern legal discourse, his constitutional vision offers an alternative to contemporary political divisions by combining political progressivism-liberalism with constitutional conservatism.
Автор: Kristina Horn Sheeler, Karrin Vasby Anderson Название: Woman President: Confronting Postfeminist Political Culture ISBN: 1623495555 ISBN-13(EAN): 9781623495558 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3129.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: What elements of American political and rhetorical culture block the imagining—and thus, the electing—of a woman as president? Examining both major-party and third-party campaigns by women, including the 2008 campaigns of Hillary Clinton and Sarah Palin, the authors of Woman President: Confronting Postfeminist Political Culture identify the factors that limit electoral possibilities for women. Pundits have been predicting women’s political ascendency for years. And yet, although the 2008 presidential campaign featured Hillary Clinton as an early frontrunner for the Democratic presidential nomination and Sarah Palin as the first female Republican vice-presidential nominee, no woman has yet held either of the top two offices. The reasons for this are complex and varied, but the authors assert that the question certainly encompasses more than the shortcomings of women candidates or the demands of the particular political moment. Instead, the authors identify a pernicious backlash against women presidential candidates—one that is expressed in both political and popular culture. In Woman President: Confronting Postfeminist Political Culture, Kristina Horn Sheeler and Karrin Vasby Anderson provide a discussion of US presidentiality as a unique rhetorical role. Within that framework, they review women’s historical and contemporary presidential bids, placing special emphasis on the 2008 campaign. They also consider how presidentiality is framed in candidate oratory, campaign journalism, film and television, digital media, and political parody.
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.
Автор: Christopher J. Leahy Название: President without a Party: The Life of John Tyler ISBN: 0807172545 ISBN-13(EAN): 9780807172544 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5637.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Historians have long viewed President John Tyler as one of the nation's least effective heads of state. In President without a Party- the first full?-scale biography of Tyler in more than fifty years and the first new academic study of him in eight decades- Christopher J. Leahy explores the life of the tenth chief executive of the United States. Born in the Virginia Tidewater into an elite family sympathetic to the ideals of the American Revolution, Tyler, like his father, worked as an attorney before entering politics. Leahy uses a wealth of primary source materials to chart Tyler's early political path, from his election to the Virginia legislature in 1811, through his stints as a congressman and senator, to his vice?-presidential nomination on the Whig ticket for the campaign of 1840. When William Henry Harrison died unexpectedly a mere month after assuming the presidency, Tyler became the first vice president to become president because of the death of the incumbent. Leahy traces Tyler's ascent to the highest office in the land and unpacks the fraught dynamics between Tyler and his fellow Whigs, who ultimately banished the beleaguered president from their ranks and stymied his election bid three years later. Leahy also examines the president's personal life, especially his relationships with his wives and children. In the end, Leahy suggests, politics fulfilled Tyler the most, often to the detriment of his family. Such was true even after his presidency, when Virginians elected him to the Confederate Congress in 1861, and northerners and Unionists branded him a ""traitor president."" The most complete accounting of Tyler's life and career, Leahy's biography makes an original contribution to the fields of politics, family life, and slavery in the antebellum South. Moving beyond the standard, often shortsighted studies that describe Tyler as simply a defender of the Old South's dominant ideology of states' rights and strict construction of the Constitution, Leahy offers a nuanced portrayal of a president who favored a middle-?of-?the?-road, bipartisan approach to the nation's problems. This strategy did not make Tyler popular with either the Whigs or the opposition Democrats while he was in office, or with historians and biographers ever since. Moreover, his most significant achievement as president- the annexation of Texas- exacerbated sectional tensions and put the United States on the road to civil war.
Автор: Ballard C. Campbell Название: The Paradox of Power: Statebuilding in America, 1754-1920 ISBN: 0700632557 ISBN-13(EAN): 9780700632558 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 14414.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Argues that the state in America is rooted in the country`s colonial experience and analyses the evidence for this by reviewing governance at all levels of the American polity - local, state, and national - between 1754 and 1920.
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: Campbell, Ballard C. Название: The paradox of power ISBN: 0700632565 ISBN-13(EAN): 9780700632565 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4764.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: America’s political history is a fascinating paradox. The United States was born with the admonition that government posed a threat to liberty. This apprehension became the foundation of the nation’s civic ideology and was embedded in its constitutional structure. Yet the history of public life in the United States records the emergence of an enormously powerful national state during the nineteenth century. By 1920, the United States was arguably the most powerful country in the world. In The Paradox of Power Ballard C. Campbell traces this evolution and offers an explanation for how it occurred.Campbell argues that the state in America is rooted in the country’s colonial experience and analyzes the evidence for this by reviewing governance at all levels of the American polity—local, state, and national—between 1754 and 1920. Campbell poses five critical causal references: war, geography, economic development, culture and identity (including citizenship and nationalism), and political capacity. This last factor embraces law and constitutionalism, administration, and political parties. The Paradox of Power makes a major contribution to our understanding of American statebuilding by emphasizing the fundamental role of local and state governance to successfully integrate urban, state, and national governments to create a composite and comprehensive portrait of how governance evolved in America.
Автор: Peta Stephenson Название: Nationhood, Executive Power and the Australian Constitution ISBN: 1509942327 ISBN-13(EAN): 9781509942329 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia.
The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government.
The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and its relationship with the other categories of federal executive power in s 61 of the Constitution.
While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.
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
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