The Law of the Executive Branch

The Law of the Executive Branch

Author: Dr. Louis Fisher

Publisher: Oxford University Press

Published: 2014-01-03

Total Pages: 482

ISBN-13: 0199350418

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The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.


Presidential Spending Power

Presidential Spending Power

Author: Louis Fisher

Publisher: Princeton University Press

Published: 2015-03-08

Total Pages: 361

ISBN-13: 1400868343

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Each year billions of dollars are diverted by the President and his assistants from the purposes for which Congress intended them. Billions more are used in confidential and covert ways, without the knowledge of Congress and the public. Here is the first account of how this money is actually spent. Louis Fisher writes: "When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. We fix upon the appropriations process, watching with great fascination as Congress goes about its business of making funds available to agencies. What happens after that point —the actual spending of money—rarely commands our attention." To unravel the mystery, Louis Fisher has investigated different forms of discretionary action: the transfer of funds that initially financed the Cambodian incursion; impoundment during the Nixon administration; covert financing; the reprogramming of funds; and unauthorized commitments. He describes each of these devices in operation and provides the historical background of Presidential spending power. In conclusion Louis Fisher presents a cogent and timely analysis of what can be done to improve Congressional control. Sufficient control, he maintains, cannot be achieved merely through the appropriations process, and he makes important recommendations designed to preserve discretionary authority while improving Congressional supervision. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


The Hoover Commissions Revisited

The Hoover Commissions Revisited

Author: Ronald C Moe

Publisher: Routledge

Published: 2019-06-10

Total Pages: 198

ISBN-13: 1000302210

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In recent years numerous bills have been introduced in Congress to establish a major study effort patterned after the two Hoover Commissions of some thirty years ago. The continuing interest in creating a "new Hoover Commission" has prompted questions about the earlier efforts to restructure national government. What were the Hoover Commissions? Ho