Executive Privilege

Executive Privilege
Title Executive Privilege PDF eBook
Author Raoul Berger
Publisher Cambridge, Mass. : Harvard University Press
Pages 456
Release 1974
Genre Law
ISBN

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Demonstrates that the presidential claim of authority to withhold information is without historical or constitutional foundation.

The Specter of Dictatorship

The Specter of Dictatorship
Title The Specter of Dictatorship PDF eBook
Author David M. Driesen
Publisher Stanford University Press
Pages 323
Release 2021-07-20
Genre Law
ISBN 1503628620

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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.

His Excellency

His Excellency
Title His Excellency PDF eBook
Author Joseph J. Ellis
Publisher Vintage
Pages 354
Release 2005-11-08
Genre History
ISBN 1400032539

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National Bestseller To this landmark biography of our first president, Joseph J. Ellis brings the exacting scholarship, shrewd analysis, and lyric prose that have made him one of the premier historians of the Revolutionary era. Training his lens on a figure who sometimes seems as remote as his effigy on Mount Rushmore, Ellis assesses George Washington as a military and political leader and a man whose “statue-like solidity” concealed volcanic energies and emotions. Here is the impetuous young officer whose miraculous survival in combat half-convinced him that he could not be killed. Here is the free-spending landowner whose debts to English merchants instilled him with a prickly resentment of imperial power. We see the general who lost more battles than he won and the reluctant president who tried to float above the partisan feuding of his cabinet. His Excellency is a magnificent work, indispensable to an understanding not only of its subject but also of the nation he brought into being.

Emergency Presidential Power

Emergency Presidential Power
Title Emergency Presidential Power PDF eBook
Author Chris Edelson
Publisher University of Wisconsin Pres
Pages 376
Release 2013-12-19
Genre History
ISBN 0299295338

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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

The President and Immigration Law

The President and Immigration Law
Title The President and Immigration Law PDF eBook
Author Adam B. Cox
Publisher Oxford University Press
Pages 361
Release 2020-08-04
Genre Law
ISBN 0190694386

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Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

The Law of the Executive Branch

The Law of the Executive Branch
Title The Law of the Executive Branch PDF eBook
Author Louis Fisher
Publisher
Pages 482
Release 2014
Genre Biography & Autobiography
ISBN 0199856214

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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. Each provision of the US Constitution is analyzed to reveal its contemporary meaning and in concert with the application of presidential power.

Contested Ground

Contested Ground
Title Contested Ground PDF eBook
Author Dan A. Farber
Publisher Univ of California Press
Pages 277
Release 2021-10-19
Genre Law
ISBN 0520343948

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"Presidential power is hotly disputed these days - as it has been many times in recent decades. Yet 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. This book is about what constitutional law tells us about presidential power and its limits. It is very difficult to strike the right balance between limiting abuse of power and authorizing its exercise when needed. This book advocates a balanced, pragmatic approach to these issues, rooted in history and Supreme Court rulings"--