The Silence of Constitutions

The Silence of Constitutions

Author: Michael Foley

Publisher: Routledge

Published: 2011

Total Pages: 182

ISBN-13: 0415696259

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First published in 1989, Michael's Foley's book deals with the 'abeyances' present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it. The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the 'imperial presidency' episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.


Power Shifts

Power Shifts

Author: John A. Dearborn

Publisher: University of Chicago Press

Published: 2021-09-10

Total Pages: 347

ISBN-13: 022679797X

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That the president uniquely represents the national interest is a political truism, yet this idea has been transformational, shaping the efforts of Congress to remake the presidency and testing the adaptability of American constitutional government. The emergence of the modern presidency in the first half of the twentieth century transformed the American government. But surprisingly, presidents were not the primary driving force of this change—Congress was. Through a series of statutes, lawmakers endorsed presidential leadership in the legislative process and augmented the chief executive’s organizational capacities. But why did Congress grant presidents this power? In Power Shifts, John A. Dearborn shows that legislators acted on the idea that the president was the best representative of the national interest. Congress subordinated its own claims to stand as the nation’s primary representative institution and designed reforms that assumed the president was the superior steward of all the people. In the process, Congress recast the nation’s chief executive as its chief representative. As Dearborn demonstrates, the full extent to which Congress’s reforms rested on the idea of presidential representation was revealed when that notion’s validity was thrown into doubt. In the 1970s, Congress sought to restore its place in a rebalanced system, but legislators also found that their earlier success at institutional reinvention constrained their efforts to reclaim authority. Chronicling the evolving relationship between the presidency and Congress across a range of policy areas, Power Shifts exposes a fundamental dilemma in an otherwise proud tradition of constitutional adaptation.