Presidential Constitutionalism in Perilous Times

Presidential Constitutionalism in Perilous Times

Author: Scott M. Matheson

Publisher: Harvard University Press

Published: 2009-02-16

Total Pages: 249

ISBN-13: 067403161X

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Presidents have exercised extraordinary power to protect the nation in ways that raised serious constitutional concerns about individual liberties and separation of powers. Evaluating a variety of constitutional perspectives, Matheson achieves a deeper understanding of wartime presidential power.


Presidential Constitutionalism in Perilous Times

Presidential Constitutionalism in Perilous Times

Author: Scott M. Matheson

Publisher: Harvard University Press

Published: 2009-02-16

Total Pages: 260

ISBN-13: 9780674031616

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Presidents have exercised extraordinary power to protect the nation in ways that raised serious constitutional concerns about individual liberties and separation of powers. Evaluating a variety of constitutional perspectives, Matheson achieves a deeper understanding of wartime presidential power.


The Development of the American Presidency

The Development of the American Presidency

Author: Richard J. Ellis

Publisher: Routledge

Published: 2013-06-17

Total Pages: 610

ISBN-13: 1136980601

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Our understanding of the politics of the presidency is greatly enhanced by viewing it through a developmental lens, analyzing how historical turns have shaped the modern institution. The Development of the American Presidency pays great attention to that historical weight but is organized topically and conceptually with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, this text looks at how the presidency has evolved in relation to the public, to Congress, to the Executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. All the while, Ellis illustrates the institutional relationships and tensions through stories about particular individuals and specific political conflicts. Ellis's own classroom pedagogy of promoting active learning and critical thinking is well reflected in these pages. Each chapter begins with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. A companion website not only acts as a further resources base—directing students to primary documents, newspapers, and data sources—but also presents interactive timelines, practice quizzes, and key terms to help students master the book's lessons.


The Development of the American Presidency

The Development of the American Presidency

Author: Richard Ellis

Publisher: Routledge

Published: 2022-05-02

Total Pages: 700

ISBN-13: 100056911X

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A full understanding of the institution of the American presidency requires us to examine how it developed from the founding to the present. This developmental lens, analyzing how historical turns have shaped the modern institution, allows for a richer, more nuanced understanding. The Development of the American Presidency pays great attention to that historical weight but is organized by the topics and concepts relevant to political science, with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, Richard J. Ellis looks at how the presidency has evolved in relation to the public, to Congress, to the executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. Each chapter promotes active learning, beginning with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. New to the Fourth Edition Explicit and expanded attention to the role of norms in shaping and constraining presidential power, with special focus on Trump’s norm-breaking and Biden’s efforts to shore up norms; Enhanced focus on the prospects for institutional reform, including in the electoral college, presidential relations with Congress, war powers, and the selection of Supreme Court justices; A full reckoning with the Trump presidency and its significance for the future of American democracy, presidential rhetoric, the unilateral executive, and the administrative state; Coverage of the first year of Biden’s presidency, including presidential rhetoric, relations with Congress and the bureaucracy, use of the war powers, and unilateral directives; Comprehensive updating of debates about the removal power, including the Supreme Court cases of Seila Law v. CFPB and Collins v. Yellen; In-depth exploration of the impact of partisan polarization on the legislative presidency and effective governance; Analysis of the 2020 election and its aftermath; Expanded discussion of impeachment to incorporate Trump’s two impeachments; Examination of presidential emergency powers, with special attention to Trump’s border wall declaration; Review of Biden’s and Trump’s impact on the judiciary; Assessment of Biden’s and Trump’s place in political time.


The Living Presidency

The Living Presidency

Author: Saikrishna Bangalore Prakash

Publisher: Harvard University Press

Published: 2020-04-21

Total Pages: 353

ISBN-13: 0674245210

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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.


The Constitution in Peril: the Perpetual Growth of the Imperial Presidency During Wartime and the Subversion of Constitutional Checks and Balances

The Constitution in Peril: the Perpetual Growth of the Imperial Presidency During Wartime and the Subversion of Constitutional Checks and Balances

Author: Steven Morris

Publisher: Lulu.com

Published: 2009-08-22

Total Pages: 244

ISBN-13: 0557093961

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This thesis examines the exponential increase in the power of the presidency during wartime from the time of the Founding Fathers up until the beginning of the Obama administration. It focuses on the ways in which our Nation's wartime presidents have marginalized the role of Congress and the judiciary during foreign conflicts. The first half of this work analyzes the actions of wartime presidents from a historical context, which is supplemented in the second half by an in-depth comparative discussion of the actions taken by the Bush administration during the War on Terror. This work concludes by recommending detailed courses of action to be pursued by future presidents in order to restore the fundamental maxim of checks and balances.


The Oxford Handbook of the U.S. Constitution

The Oxford Handbook of the U.S. Constitution

Author: Mark Tushnet

Publisher: Oxford University Press

Published: 2015-07-31

Total Pages: 1110

ISBN-13: 019024576X

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The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.


The Presidency

The Presidency

Author: Michael Nelson

Publisher: University of Virginia Press

Published: 2021-04-29

Total Pages: 385

ISBN-13: 0813946069

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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


The Contemporary American President

The Contemporary American President

Author: Robert E DiClerico

Publisher: Routledge

Published: 2016-12-05

Total Pages: 520

ISBN-13: 131734345X

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Debuting in its first edition , The Contemporary American President explores the potential and limitations of presidential influence in times of rising public expectation for the office and the declining ability of presidents to meet it. It focuses on six major areas concerning the presidency - selection, power, accountability, decision making, personality, and leadership - and offers an appreciation of the challenges of the office as the institution attempts to function in an increasingly controversial political environment.


American Presidential Power and the War on Terror: Does the Constitution Matter?

American Presidential Power and the War on Terror: Does the Constitution Matter?

Author: Justin DePlato

Publisher: Springer

Published: 2015-09-01

Total Pages: 107

ISBN-13: 1137539623

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This book examines the use of presidential power during the War on Terror. Justin DePlato joins the debate on whether the Constitution matters in determining how each branch of the federal government should use its power to combat the War on Terror. The actions and words of Presidents George W. Bush and Barack Obama are examined. DePlato's findings support the theory that executives use their own prerogative in determining what emergency powers are and how to use them. According to DePlato, the Presidents argue that their powers are implied in Article II of the Constitution, not expressed. This conclusion renders the Constitution meaningless in times of crisis. The author reveals that Presidents are becoming increasingly cavalier and that the nation should consider adopting an amendment to the Constitution to proffer expressed executive emergency powers.